Footpath trading permit

You'll need a footpath trading permit if you want to use footpaths for commercial activities. This can include using a footpath to:

  • place tables and chairs
  • displaying goods for sale
  • place A-frame advertising signs.

Footpaths less than 2.5 m wide can't be used for footpath trading.

Our footpath trading policy

Our Street Activities Policy and Guidelines set out management and use of footpaths by the community and businesses.

All retailers operating a business beside Council-controlled footpaths must abide by this policy as well as any conditions specified on the footpath trading permit.

The policy and guidelines aim to:

  • balance local business activities with the need to provide clear, safe access for all pedestrians of all abilities
  • encourage footpath trading that contributes to the vibrancy of commercial areas including shopping centres
  • provide clarity for traders about appropriate use of local footpaths.

Download our Street Activity Guidelines(PDF, 5MB)

Foodpath trading conditions

A-frame signs:

  • must not exceed 0.9 m wide and 1.1 m high
  • must be removed during unsuitable weather conditions (e.g. windy weather)
  • can't be permanently affixed to the footpath or nature strip
  • must be placed 1.5 m from the shop front and 600 mm from the kerb.

Tables and chairs, displays of goods and A-frame advertising signs must not be placed up against the shop front.

For further conditions, please refer to the Street Activities Guidelines attached to this page.

        


Eligibility criteria

Read the eligibility criteria for obtaining the following footpath trading permits:

A-Frame signs

To apply for a footpath trading – A-Frame sign permit within the City of Whittlesea, applicants must meet the following eligibility criteria:

  1. Business Registration: The applicant must be a registered business entity with a valid Australian Business Number (ABN) or Australian Company Number (ACN).
  2. Premises Location: The business premises must be located adjacent to the footpath or public space where the A-frame sign will be displayed.
  3. Compliance with Local Laws: The applicant must agree to comply with the City of Whittlesea Community Local Law 2024, Street Activities Policy 2020, and Street Activities Guidelines 2020.
  4. Insurance Coverage: The applicant must have and maintain a current Public Liability Insurance policy with a minimum indemnity of $20 million.
  5. Sign Dimensions: The A-frame sign must not exceed the standard size of 900mm X 1100mm.
  6. Placement Restrictions: The A-frame sign must be placed within the designated Trading Zone, located 1.5 meters from the shop front and 0.6 meters from the road/kerbside.
  7. Infrastructure Distance: The sign must not be placed within 1 meter of any existing infrastructure, including council seating, bins, and fire hydrants.
  8. Operating Hours: The A-frame sign can only be displayed during the operating hours of the business.
  9. Removal Requirements: The sign must be removed when the premises to which it refers is closed.
  10. Illumination: If displayed after sunset, the sign must be in a well-lit area.
  11. Structural Integrity: The sign must be self-supporting, well-constructed, and maintained to prevent it from being blown over or away by wind.
  12. Number of A-Frames: The applicant must indicate the number A-frames that are being requested to be displayed.
  13. Property Ownership/Authorization: If the business where the A-frame will be placed is not owned by the applicant, they must provide documentation proving authorization from the business owner.
  14. Previous Compliance: The applicant must not have a history of non-compliance with previous footpath trading permits or other relevant regulations.
  15. Notification of Changes: The applicant must notify the council of any changes to the information provided in the permit application, including changes to business operations, contact information, or signage design.
  16. Revocation Clause Acknowledgement: The applicant must acknowledge the council's right to amend permit conditions at any time or revoke the permit if there is a breach of conditions or if footpath usage for the permitted purpose becomes unviable.

By meeting these eligibility criteria and agreeing to the conditions outlined in the permit, the applicant may obtain permission to display an A-frame sign for footpath trading within the City of Whittlesea.

Display of goods

To apply for a footpath trading – Display of goods permit within the City of Whittlesea, applicants must meet the following eligibility criteria:

  1. Business Registration: The applicant must be a registered business entity with a valid Australian Business Number (ABN) or Australian Company Number (ACN).
  2. Compliance with Local Laws: The applicant must agree to comply with all relevant local laws, including but not limited to the City of Whittlesea Community Local Law 2024, Street Activities Policy 2020, and Street Activities Guidelines 2020.
  3. Public Liability Insurance: The applicant must possess and maintain current Public Liability Insurance with a minimum coverage of $20 million indemnity.
  4. Business Location: The applicant must operate from a business premises with a valid address within the jurisdiction of the City of Whittlesea.
  5. Operating Hours: The applicant must agree to limit the display of goods on the footpath to the operating hours of the business.
  6. Litter Management: The applicant must commit to regularly collecting and disposing of any litter present in the public space immediately outside or adjacent to the business premises.
  7. Display Specifications: The applicant must adhere to the approved square meterage of goods displayed as specified on the permit.
  8. Location of Display: The applicant must ensure that the display of goods is located within the designated Trading Zone, positioned 1.5 meters from the shop front and 0.6 meters from the road/curbside.
  9. Infrastructure Distance: The applicant must refrain from placing the display of goods within 1 meter of any existing infrastructure, including but not limited to council seating, bins, and fire hydrants.
  10. Structural Integrity: The applicant must ensure that the display of goods is self-supporting, well-constructed, and maintained to prevent them from being blown over or away by wind.
  11. Lighting Requirements: Any display of goods must be in a well-lit area after sunset for visibility and safety purposes.

Failure to meet any of these eligibility criteria may result in the denial or revocation of the footpath trading permit for the display of goods.

Tables and chairs

To apply for a footpath trading – tables and chairs permit within the City of Whittlesea, applicants must meet the following eligibility criteria:

  1. Business Registration: The applicant must be a registered business entity with a valid Australian Business Number (ABN) or Australian Company Number (ACN).
  2. Compliance with Regulations: The applicant must agree to comply with the City of Whittlesea Community Local Law 2024, the Street Activities Policy 2020, and the Street Activities Guidelines 2020.
  3. Insurance Requirement: The applicant must have and maintain current Public Liability Insurance with a minimum indemnity of $20 million.
  4. Operational Hours: The footpath trading activity must be limited to the operating hours of the business.
  5. Outdoor Lighting: If operating after sunset, the trading area must be well-lit, and the tables and chairs must be self-supporting, well-constructed, and maintained to withstand wind.
  6. Compliance with Tobacco Regulations: The applicant must comply with the requirements of the Tobacco Act, particularly regarding smoke-free outdoor dining and drinking areas, including the display of appropriate signage.
  7. Cleanliness and Litter Management: The permit holder is responsible for collecting and disposing of any litter, including cigarette litter, in the public place immediately outside/adjacent to the business premises.
  8. Infrastructure and Spatial Requirements: The tables and chairs must be located within the Trading Zone, 1.5 meters from the shop front and 0.6 meters from the road/kerbside, while maintaining a distance of at least 1 meter from any existing infrastructure such as council seating, bins, and fire hydrants.
  9. Removal of Equipment: The tables and chairs must be removed from the footpath outside of operating hours or upon instruction by an authorized officer.
  10. Permit Conditions: The applicant must agree to all conditions stated in the footpath trading permit, including any amendments that may be made by the Council.

Failure to meet any of these eligibility criteria may result in the denial or revocation of the footpath trading permit.

     


Apply for a permit

Step 1.Read the footpath trading guidelines

Download and read the Street Activities Guidelines attached to this page.

Step 2.Complete your application form

Complete the permit application form online or download the application form. If you need a paper copy, collect one from our Council Offices at 25 Ferres Boulevard, South Morang, or phone us on 03 9217 2170 and ask us to mail you one.

Complete the application form online 

Step 3.Prepare a site plan

Consider preparing details of your intended footpath trading in a proposed site plan. This step is optional.  

Step 4.Get public liability insurance

Arrange public liability insurance cover for at least $20 million indemnity and name the City of Whittlesea as an interested party on the policy.

Step 5.Calculate your permit fee

The fee you need to pay depends on how you plan to use the footpath.

  • A-frame sign: $94.30
  • up to two tables: $108.45
  • three or more tables: $180.75
  • goods displayed per m2: $54.20

For good displayed, please specify the exact square metreage on your application form, along with appropriate payment.

Step 6.Pay your fee

We accept cheque, cash, credit card or EFTPOS. If submitting by mail, please send payment by cheque only.

Online

Conveniently apply for you footpath trading permit online, including your:

  • completed application form
  • new public liability policy
  • permit fee.

Apply and pay online

In person

Bring a new copy of your public liability insurance with your footpath trading renewal application and fee payment to our Council offices:

25 Ferres Boulevard
South Morang 

Step 7.Wait for permit approval

We'll respond to your application within three to five business days and will advise if we need to inspect the site before approving the permit.

Renew your permit

If you hold a footpath trading permit and wish to renew it, you must do so before it expires. Your footpath trading permit's expiry date is based on the duration of your public liability insurance. Submit a new copy of your public liability insurance with your renewal application. 

Find out more about renewing your footpath trading permit 

Extend your footpath trading zone

Under the Victorian Government's Outdoor Eating and Entertainment Package, all businesses who hold a footpath trading permit can now apply to use neighbouring footpath trading zone to display signage, set up tables and chairs or display goods for sale.

Get details about extending your footpath trading zone

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