Wellington Shire Council footpath trading guidelines2011 contents Introduction .............................................3 Permits ...................................................4-5 Footpaths................................................6-9 Alfresco Dining .......................................10-12 Signage ..................................................13-15 Goods on Footpaths ...............................16-17 Health Requirements ..............................18-19 Permit Fees ............................................20-21 Application Process ................................22-23 These Guidelines in this document should be read in conjunction with: LOCAL LAW No. 2-2011 STREETS & ROADS > 2 contents introduction A Guide To Footpath It is paramount that footpath trading does not obstruct Trading pedestrian access, or create an unsafe or unsightly environment Traditionally footpaths were for any members of the designed for pedestrian traffic. community. More recently a move by This guideline aims to enhance businesses to increase trading access for all footpath users and opportunities has seen footpaths provide a consistent basis for the used for the display of goods, continuation of footpath trading. advertising signs and alfresco dining. The Wellington Shire Council supports footpath trading so long as it adds to the development and liveability of our business activity areas while maintaining wellbeing and safety. It is important to note that footpaths are public spaces, used primarily for access. Footpath trading is a privilege offered to traders in situations where safety and amenity are not compromised. > 3 > 4 permits permits • The permit holder must maintain a public Permits liability insurance for no less than $10 A permit must be obtained from Council million. A completed indemnity form must for all footpath trading. This includes the also be provided to Council. following: • Items placed on footpaths must allow for free access to public transport stops; • Tables and chairs water hydrants; pedestrian crossings, • Umbrellas post boxes and all other facilities provided • Heaters within the area. • Advertising signs • Permit holders must ensure the area is • Goods kept clean and tidy. • Permit holders are responsible for Footpath trading may also be influenced by the width of footpaths; the proximity of major ensuring any items placed on the roads, traffic lights and parking bays; the footpath do not damage any of Council’s üü amount of foot traffic and access for people amenity. with a disability. • All signs, outdoor furniture and displays must be structurally sound and windproof as pedestrian safety is paramount. Permit Holder Responsibilities • Where required all items must meet Council specifications and must Both Council and individual traders have not detract from the overall appearance a duty of care to footpath users and or amenity of the area. consumers. • At the close of the day’s trade all items must be removed from the footpath. At all times traders must be mindful of the impact kerbside furniture could have on people with a disability; people with prams; and people with trolleys. Your Trading Address It is vital traders provide access for Tables and chairs and goods/services pedestrians to move easily along the are permitted only outside your business footpath at all times and adhere to the premises unless a separate written ûû following conditions: agreement has been granted. Photos are for illustrative purposes only. > 5 > 6 footpaths footpaths Footpath in With an ageing population and the increase in the use of electronic wheelchairs or Commercial Areas mobility aides, there is an ever increasing need to keep a clear pedestrian zone The footpaths in Commercial Areas can be divided into three zones. adjacent to shop fronts. Council has a legal obligation to maintain safe and unobstructed 1. Pedestrian Zone passage for pedestrians in line with the 2. Footpath trading / Alfresco Dining Zone Federal Disability Discrimination Act. 3. Kerbside Zone 600mm Kerbside Zone The pedestrian zone will allow an uninterrupted, accessible path of travel with Pedestrian Zone a minimum width of 1.5 metres between 700mm Trading Zone the shop front and the Footpath Trading / The pedestrian zone is the area immediately adjoining the shop front in which traders Alfresco Dining Zone. have historically placed tables and chairs or signage. Although Council recognises that The minimum width Pedestrian Zone of this may be the preferred location for some 1.5 metres is based on a standard 3 metre traders, it is also the area that generates the Footpath. Where wider paths exist it is greater number of complaints. envisaged that the Pedestrian Zone will be Minimum 1500mm Pedestrian Zone increased and that traders will locate their Most complaints relate to the inability for signs / goods closer to the Kerbside so that persons to walk a clearly defined path only one path of travel is available to path along the street. Footpath trading on the users. street reduces the width of the footpath for pedestrians. Some traders use the kerb side This minimum width must be maintained at Shopfront whilst others use the area abutting the shop window causing pedestrians to alter from all times. No Footpath Trading goods will their normal path to avoid tables and chairs, be permitted immediately in front of any advertising signs and goods for sale. premises. > 7 footpaths Kerbside Zone disabled parking bays. Exceptions to this rule will be dependant on a site visit and The kerbside zone is the area directly determination by an Authorised Council adjacent to the kerb and will alter in width Officer. An appropriate notation will be endorsed on the permit issued. according to the style of parking in the area. e.g. parallel, angle parking and the type of Loading Zones: 1000mm parking allowed in that area such as general The clearance in this area will provide safe parking, loading zone or disabled parking. operating areas for truck drivers when loading and unloading goods onto the Parallel Parking: 600mm footpath and loading trolleys for delivery of In areas where parallel parking is permitted goods. this distance will allow passengers to safely üü alight from vehicles without coming in If this clearance cannot be maintained contact with street furniture, goods for sale due to the total width of the footpath in the or tables and chairs. particular area, furniture may be placed in the front half of the Loading Zone with a Angle Parking: 300mm 600mm clearance from the kerb. This will This clearance is required to allow the front only be permitted if it can be demonstrated of a vehicle to overhang the kerb when that it does not interfere with the overall use parking at an angle to the kerb. of the Loading Zone. Disabled Parking Bays: Clear No Stopping / No Standing Zones As disabled passengers require additional At No Stopping Zones (usually placed for area to alight from a vehicle and may require safety reasons) the required distances to unload wheel chairs or appropriate will be assessed by the Authorised Officer walking aides it is deemed inappropriate to and will be required to ensure that safety have street furniture in the area adjacent to standards are not compromised. ûû Photos are for illustrative purposes only. > 8 footpaths footpaths Footpath Trading / Existing Public Infrastructure Alfresco Dining Zone The following clearances apply to existing Based on an average footpath width of 2.9 public infrastructure and public street to 3 metres, a typical Footpath Trading / furniture: Alfresco Dining zone will be 1000mm wide and will be located between the Pedestrian • 1 metre clearance required from public Zone and the Kerbside Zone that must be infrastructure such as bins, public seats, allowed for access to vehicles parked at the bike stands, pay phones and fire kerb. hydrants. The width of the zones may vary depending • 0.5 metre clearance required from other üü on the overall width of the footpath and the street furniture such as bollards, backs of type of parking available at the kerbside. seats and poles, trees and planter boxes. Traders will place items of goods for sale, Existing street furniture must not be commercial street furniture, tables and used for any trading purposes, including chairs in the area set aside as the Footpath business signage or displays unless specific Trading / Alfresco Dining Zone thus clearing authorisation has been granted. the way for clear access to shops via the Pedestrian Zone. As a general rule public infrastructure already in place will not be moved or It is preferable that traders delineate removed to accommodate footpath trading. between the Kerbside Zone and the Footpath Trading / Alfresco dining zone with ûû the use of appropriate screens. Photos are for illustrative purposes only. > 9 > 10 alfresco dining alfresco dining Alfresco Dining • All tables, chairs and screens must be kept in good order and condition so as Traders may apply for a permit to place not to cause injury to any user or tables and chairs within the Footpath pedestrian. Trading / Alfresco Dining Zone to facilitate the serving of food and drinks based on the following conditions: Tables and Chairs • Tables and chairs must be kept within the In all circumstances furniture must be Footpath Trading / Alfresco Dining Zone. approved by Council before a permit is granted and the following must be adhered • Chairs must not be placed as to back to: onto the Pedestrian Zone or the Kerbside Zone. If an Authorised Officer deems that • Chairs and tables should only be placed a wider than normal footpath may result outside the premises they relate to in this condition being altered, the and should be confined within the details must be endorsed on the permit. property boundaries. Special permission can be sought to place tables and • Tables and chairs are to be of a height chairs beyond the property boundary and design so that they are accessible but only if written permission is given by all users including wheelchair bound by the proprietor of that premises customers. • Tables, chairs and screens, planter boxes or any other furniture must only be in place when business is open and removed when closed.