Permit Conditions

• Footpath trading may only occur once a valid permit has been issued
• The applicant must pay the permit application fee and supply valid copies of the required documentation with their application
• The applicant must have $10 million of public liability insurance. A valid Certificate of Currency must be supplied with the application
• 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
• The permit must be prominently displayed in the window of the permitted business location so it may be clearly seen from outside the business premises
• The permit is only valid at the nominated site location stated on the permit
• The permit is only valid for the time period stated on the permit
• Permits are required for and A-frame display board, planter boxes, goods on display, tables, chairs, umbrellas and barriers or any other footpath trading equipment
• Signs, goods, tables and chairs or other items, authorised for the activity specified in the permit, may only remain on the footpath whilst the related business is operating
• Approved items such as café screens, retractable awnings and gas heaters attached to existing buildings or verandahs must be capable of removal or relocation within 24 hours' notice
• Permit applications must meet the requirements of the general footpath trading guidelines or specific footpath trading guidelines for Carrington Road, Box Hill
• 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 valid Council permit, the installation of permanent structures, including in-ground furniture sockets, electrical lighting and sound systems on Council land. Note: In-ground footpath furniture sockets are semi-permanent and must be removed and the area "made good" when the sockets are no longer required
• A minimum unobstructed distance of 1.8 metres must be maintained from the property line and 0.5m from the kerb at all times
• 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
• The permit holder must abide by Section 3F (outdoor dining areas) of the Tobacco Act 1987 
• At the conclusion of the permit period (maximum 12 months) a new application form must be submitted with the required documentation and application fee
• The permit holder will comply with all directions by an authorised Council Officers or a member of Victoria Police, including a direction that busking cease or that the location of the busking be moved to lessen congestion or inconvenience to other persons
• 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
• The permit may be suspended by a member of Victoria Police or by an authorised Council Officer for any reason at any time. No permit fee will be refunded
• Any other condition which the Council considers to be appropriate.

Permit Condition Breaches

Both the Whitehorse Planning Scheme and Community Local Law ( PDF 280.06KB) provide for penalties for any breaches detected by authorised Council Officers. 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