Footpath Licence, Use of Roads and banners

When do you need a licence/permit?

  • If you are a Community Service Provider and wish to undertake a commercial or non-commercial activity on a Council controlled road reserve or a park you require a permit.
  • The road reserve covers the entire area from the fence line to fence line and includes the footpath.
  • A commercial activity includes, cake stalls, selling raffle tickets displaying advertising or direction signs, busking, information booths, hawking, static displays, promotions, itinerant vending, markets, selling goods of any type, footpath dining, vending.
  • The parks where a permit can be obtained to undertake commercial or non-commercial activity are defined in Schedule A to the Local Law.

Do you need any other forms of licence/Permit?

The activity you propose may also require you to obtain other forms of licence or permits to be acquired so as to undertake the activity you propose i.e.

Raffle tickets

A current permit from the Office of Fair Trading must be held,

Undertaking a Commercial activity beside a State-Controlled Road

(i.e. Bruce Highway – excluding Queen Street and Edwards Street AYR, and the Home Hill CBD), an Ancillary Works and Encroachment (AWE) Application Form will need to be completed and approved by Main Roads Department. You may contact the Main Roads District Office on the following contact address and number.

Main Roads Townsville District Office
146 Wills Street,
PO Box 1089,
Townsville Q 4810.
Phone: (07)4720 7200

Selling Food

You may also require a Food Hygiene Licence (administered by Burdekin Shire Council Health Section) and correct labelling as per the Food Standards Act. Information on labelling can be obtained from Queensland Health on the following contact address and number.

Queensland Health
Townsville Public Health Unit
242 Walker Street
Townsville QLD 4810.

Phone: (07)4750 9000

Fax: (07)4750 9011

Operate a piece of fairground equipment

A current Safety Certificate by WPH&S

What do Community Service Providers need to do to set up a stall on a particular day?

You will need to provide the Environment and Health Department with details of the nature, layout, time and place of the proposed activity accompanied by a copy of your Public Liability Insurance Policy.

Your contact with the Environment and Health Department should be at least one week prior to proposed event for which the permit is required.

As the date and location may already be allocated, you should be prepared and have a range of alternate locations or dates.

In the best interest of all parties, the Environment and Health Department recommends that each applicant should consult or obtain written approval from all adjoining/impacted property owners/footpath licence holders

To ensure equal opportunity for all, proposed selling dates may only be accepted at a maximum of three (3) months prior to the proposed activity.

All applicants are required to hold a Public Liability Insurance policy to the value of ten million dollars ($10,000,000.00), for the proposed activity. A copy of this policy is required to be provided to Council.

Each Permit will remain in force for he period shown on the permit or for the duration of your Public Liability Insurance coverage period, unless sooner revoked, cancelled or suspended.

Can Council refuse are revoke a Permit/licence?

Council can refuse to issue a Permit if it believes such a Permit will detrimentally impact on other users of the road or park.

Should a licence holder not comply with the conditions imposed on a licence then Council has the right to revoke the licence.

What conditions must be met when selling / vending on the roadside?

The flow of traffic, both pedestrian and vehicular, of the surrounding area and into shop premises is not to be impeded.

The activity is not to cause a danger or nuisance to neighbouring residents or users of the surrounding area.

This permit does not give approval to enter any business house to sell or hawk goods.

The visual amenity of the surrounding area must not be adversely affected in any manner.

All related vehicles are to be relocated to an off-street location once the proposed activity is set up.

Consideration should be given to surrounding business houses for the type of activity conducted. (i.e. busking a maximum 30 minutes in front of any one-business house, selling goods that might compete with product lines offered by adjacent business houses).

Goods are to be displayed to a maximum of 1200mm from shop frontage.

Signage is to be a maximum width of 1200mm and 1200mm in height from the shop frontage.

Tables and chairs are to be placed on the footpath to a maximum width of the shop premises and to a maximum depth of 1200mm.

Once completed the activity, the site is to be clean and obstacle free before departure.

If the road/footpath is damaged as a result of the activity, repayment must be made to the Council of the amount required to rectify the damage.

Any waste generated as a result of the activity must be disposed of appropriately, and a rubbish receptacle for customers is to be provided.

Hours of operation are to be from 8:00am to 5:00pm or those times relevant to business operating hours.

Roadside vending/Footpath Usage or Obstruction Licence is to be onsite whenever and wherever the vending occurs.

Vending attendants being seventeen (17) years of age and younger are to be supervised by a person of a minimum eighteen (18) years of age.

Note:

The Ayr Fire Brigade are no longer erecting banners in the main street as a community service due to public liability

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