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Street Trading

Street Trading in Guyra

Street trading refers to selling or displaying goods on a footpath or public road and includes activities such as outdoor eating areas, merchandising displays, fund raising stalls, selling food from vehicles and busking.  Street trading activities can contribute to the ambience and vitality of an area by enhancing the streetscape and creating more visually pleasant and interesting shopping environments. Street trading activities can also contribute to the commercial viability of business areas. In its consideration of the matter Council considered that the goods being displayed should be located in relatively close proximity to the premises displaying them to minimise the impact on pedestrians and vehicles.  However, a review of the Section 23 Commonwealth Disability Discrimination Act 1992, (DDA) has revealed that councils and others responsible for street trading must provide a person with a disability equitable, dignified access.  Accordingly the area immediately in front of buildings should be kept clear to permit the visually impaired to better negotiate the footpath or any obstruction near the building  and accordingly Council’s current approvals could give rise to a complaint under the DDA.

This topic has been discussed previously and it would seem an opportune time to prepare a new Policy for street trading activities to provide unimpeded access for all pedestrians, by setting aside specific areas or zones on the footpath for pedestrians and street trading activities.

  • The Commonwealth Human Rights and Equal Opportunity Commission (HREOC) advises that:
    A footpath should, as far as possible, allow for a continuous accessible path of travel so that people with a range of disabilities are able to use it without encountering barriers. If proper paths are not provided it would impede the ability of people with disabilities to perform functions of shopping, attending public facilities going home or visiting friends. These are basic human rights to which the DDA is directed;
  • A continuous accessible path of travel along a footpath should have a minimum width of at least 1.8 metres and minimum height of 2 metres, with nothing encroaching into that envelope.
 HREOC is of the view that the continuous accessible path of travel should extend from the property line with no obstructions or projections, in order to provide the best possible guidance line for all users, including people with a vision impairment

 

Street trading activities involve the use of public assets, particularly footpaths and roads that are primarily provided for pedestrians and road users. Carrying out street trading activities therefore requires careful consideration to ensure that the safety and convenience of pedestrians and road users is not compromised.  This will particularly be the case when determining the location for displays during the Rotary Street Carnival.

 

The public risk associated with allowing street trading must be properly managed.  To ensure that street trading does not place pedestrians or passing road traffic at an increased risk of an accident, activities should only be in locations where they can be safely accommodated.  It is important that everyone using a footpath for access can do so safely. This particularly applies to children, people with prams, the elderly and people with disabilities.

Public Exhibition Period

It is suggested that the exhibition period for the Draft Policy extend from 29th May 2008 to 14th July, to allow for the retail premises most affected to consider the report and make submissions.

 

Notification of the exhibition period will be given in local newspapers and the Draft Policy will be available at no cost from the Civic Centre as well as on Council’s website. A brochure will be prepared summarising the main features of the Draft Policy and details of the public exhibition period. Brochures will be posted to property owners and occupants of premises in the Guyra Business District. 

Financial Impact – Protection of Council’s footpath infrastructure and better managing public risk matters.

Social Impact – Regulating community activities in the Mall area and providing unimpeded access for                                       people with disabilities.Environmental Impact – Maintenance and improvement of streetscapes.   
Recommendation: Recommendation: That the Draft Street Trading Policy be placed on public exhibition for at least 28 days with submissions being invited for a period of at least 46 days with the commencement of the exhibition period being from 29 May, 2008 to 14 July, 2008

Contact details
Bob Furze
02 6770 7109 (ph)
02 6779 1221 (fax)
council@guyra.nsw.gov.au


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Street Trading Draft Policy (pdf 2 Mb )

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