Conditions for Activities in a Public Place

Below you'll find conditions for running an activity in a public place, along with some specific conditions for what you're undertaking.

General conditions for all activities in a public place

Nuisances

A person must not use a public place to:

(a) do anything to cause or allow a nuisance to occur.

(b) wilfully obstruct, disturb or interfere with any other person in their use or enjoyment of that public place.

(c) use any material or thing recklessly or in a manner which may intimidate, be dangerous, be injurious to or cause a nuisance to any person.

(d) do anything to cause or allow damage to any property owned or controlled by the Council.

Distribution of leaflets and canvassing

A person must not in connection with a trading activity in a public place:

(a) deposit leaflets, flyers or other promotional material on any vehicle.

(b) distribute leaflets, flyers or other promotional material except within retail premises offering related goods or services for sale or hire provided the owner or occupier has given permission for the distribution to occur.

(c) distribute samples unless the distribution of samples occurs within retail premises offering related goods or services for sale or hire provided the owner or occupier has given permission for the distribution to occur.

(d) tout, solicit, canvass, entice, or accost any person.

Apply to operate an activity in a public place

Specific conditions

  • A busker must be:

    • at least 50m from another busker
    • at least 3m from any residential, retail or commercial premises unless the busker has permission of the owner/occupier of the premises to busk at a closer distance

    The busker will not:

    • obstruct pedestrian flow
    • use an amplified sound system
    • perform in a manner that in the reasonable opinion of a Council officer causes or is likely to cause an injury or nuisance to any person or damage to any property owned or controlled by the Council
    • argue, intimidate, insult or abuse the public
    • perform within 200m of the area designated for an event authorised by Council
    • Stay in one location for more than one hour (you must move at least 50m from your location each time)
    • Will not return to the same location within a 12 hour period.
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  • A charity street collection point must be:

    • at least 50m from another street collection point
    • at least 3m from any residential, retail or commercial premises unless the charity has permission of the owner/occupier of the premises to stand at a closer distance.

    The charity street collectors will not:

    • obstruct pedestrian flow
    • use an amplified sound system
    • have signage no larger than 0.5m2
    • behave in a manner that in the reasonable opinion of a Council officer causes or is likely to cause an injury or nuisance to any person or damage to any property owned or controlled by the Council
    • argue, intimidate, insult or abuse the public
    • trade within 200m of the area designated for an event authorised by Council.
    • have a structure no larger than 2m2
    • Stay in one location for more than one hour (you must move at least 50m from your location each time)
    • Will not return to the same location within a 12 hour period.
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  • The pop up stall must be:

    • at least 50m from another stall
    • at least 3m from any residential, retail or commercial premises unless the stall holder has permission of the owner/occupier of the premises to stand at a closer distance.

    The pop up stall holder will not:

    • obstruct pedestrian flow
    • use an amplified sound system
    • have signage no larger than 0.5m2
    • have a structure no larger than 2m2
    • behave in a manner that in the reasonable opinion of a Council officer causes or is likely to cause an injury or nuisance to any person or damage to any property owned or controlled by the Council
    • argue, intimidate, insult or abuse the public
    • trade within 200m of the area designated for an event authorised by Council
    • Stay in one location for more than one hour (you must move at least 50m from your location each time)
    • Will not return to the same location within a 12 hour period.

     

    Where can I operate my pop up stall?

    For details on where you can operate a pop up stall, view our online map here.

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  • If an Organised Licensed Premises Tour is permitted, the licensed premises tour organiser must comply with the following conditions:

    11. Organised licensed premises tours

    11.1 A licensed premises tour organiser must not cause or allow an organised licensed premises tour to occur in a public place, without first obtaining permission from the Council under Part 3 of this bylaw.

    11.2 No person, agency, or business may sell tickets to, or otherwise promote an organised licensed premises tour that is to occur in a public place unless the tour is authorised by permission from the Council under Part 3 of this Bylaw.

    11.3 If an enforcement officer has reasonable grounds to believe that a licensed premises tour organiser is not complying with clause 11.1, the enforcement officer may direct the licensed premises tour organiser to stop the organised licensed premises tour until permission is obtained under Part 3 of this bylaw.

    11.4 If an enforcement officer has reasonable grounds to believe that an organised licensed premises tour permission has been breached in a public place, or the organised licensed premises tour is causing offensive behaviour or a nuisance in a public place, the enforcement officer may:

    (a) direct that the licensed premises tour organiser comply with any relevant condition of the organised licensed premises tour permission or to take action to prevent the offensive behaviour or nuisance from continuing;

    (b) revoke the organised licensed premises tour permission if the licensed premises tour organiser does not comply with the enforcement officer’s direction in (a), within a reasonable period of time; and

    (c) issue a direction requiring the licensed premises tour organiser to stop the organised licensed premises tour if the permission is revoked under (b).

    11.5 A licensed premises tour organiser must comply immediately with a direction from an enforcement officer under clause 11.3 or 11.4.

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