Permit Conditions

• The permit holder must ensure that all the permit conditions are complied with at all times.
• The permit holder must provide evidence of $20 million of public liability insurance for the permit period.
• The permit is not transferrable:
  • Permits are not to be photocopied and the copies used by someone not named on the permit
  • Permits are not to be leased, sold or given away
  • No form of advertising of a permit for rent, lease, sale profit or other beneficial or fraudulent consideration of causing such an advertisement to be published is permitted.
• Permitted footpath trading furniture may only be situated in front of the business or the adjacent footpath space with permission from the adjoining business owner.
• Permits do not allow for exclusive use of an outdoor space and in some instances access may be required for a public event or permitted activity at Council’s discretion.
• Permitted footpath trading furniture, may only remain on the footpath whilst the related business is operating.
• The permit is only valid for the stated period.
• The permit holder must set up in accordance with the Disability Discrimination Act 1992 principles and relevant codes and standards to provide unobstructed access to others using the area.
• A minimum unobstructed distance of 1.8 metres must be maintained from the property line and 0.5m from the kerb at all times.
• Signs/display boards or banners must be securely fixed and so displayed that the possibility of injury to any person or damage to any facility is avoided.
• Permit applications must meet the requirements of the general footpath trading guidelines or specific footpath trading guidelines for Carrington Road, Box Hill.
• Only the footpath furniture items specified on the permit may be placed on Council land. All signs/display boards, banners or furniture must be secured for safety and cannot be left unattended.
• Footpath trading furniture and fixtures must be of a high standard in terms of design, appearance and style as well as being sturdy, reliable and suitable for their intended use and deemed appropriate and sympathetic to the streetscape. All footpath trading furniture and fixtures must be approved by Council.
• Council will NOT allow, without a separate valid Council permit, the installation of semi-permanent structures e.g. in-ground footpath furniture sockets, electrical lighting and sound systems on Council land. Note: Semi-permanent structures must be removed and the area "made good" when the sockets are no longer required.
• Approved semi-permanent structures such as café screens, retractable awnings and gas heaters attached to existing buildings or verandas must be capable of removal or relocation within 24 hours’ notice.
• Signs/display boards must comply with Clause 52.05 of the Victorian Planning Requirements and may not:
  • Be reflective or flashing
  • Be secured to trees or safety rails or bollards, or in such a manner that Council assets are damaged or public safety is compromised
  • Advertise alcohol, cigarettes, or tobacco products
  • Be worded or contain illustrations that are likely to cause offence to any person or organisation.
• The permit holder must abide by Section 3F (outdoor dining areas) of the Tobacco Act 1987.
• The permit sticker must be prominently displayed in the window of the permitted business location so it may be clearly seen from outside the business premises.
• At the conclusion of the permit period a new application form must be submitted with the required documentation and application fee.
• The permit holder will comply with all directions by a member of Victoria Police or Authorised Council Officer, including a direction that footpath trading cease or that the furniture items be moved to another location.

Permit Condition Breaches

If the permit holder breaches the permit conditions:

• The permit may be cancelled.
• Fines may be issued.
• Costs incurred by Council may be charged directly to the permit holder.
• Goods or equipment may be impounded.
• Future permit applications may be declined.