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How to Comply

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It is the responsibility of you and your staff to ensure compliance with all requirements of Councils Footpath Trading Policy. To assist in complying with these requirements, a range of tools and resources has been developed. You are encouraged to use these tools and resources in the day-to-day operations of your business. Completed templates and checklists should be filed and stored as part of your business records.
Council operates within a total compliance framework by incorporating Education, Regulation and Enforcement in ensuring businesses are compliant.
The tools and resources developed by Council allow you and your staff to know what is required to ensure your business is operating lawfully. When used effectively, these tools will assist your business to minimise the impact on your customers and pedestrians and avoid enforcement action.
Council is required to monitor the standard of operations in businesses with footpath dining and this is achieved through a regular inspection program.

Refer to the self-assessment checklist in Tools and Resources to be aware of some of the issues Council will be assessing when visiting your business.
If you are providing footpath dining you must have a current approval and comply with Council Footpath Trading Policy.

If you have difficulty complying, contact Council.

Failure to comply with Councils requirements may result in one or more of the following enforcement actions:

  • A virbal or written direction being issued requiring action or work to be undertaken
  • A legal notice being issued requiring action to be taken or work to be conducted
  • Penalty Infringement Notice (PIN or on-the-spot fine)
  • Suspension of an approval
  • Cancellation of an approval
  • Prosecution
Council has a duty to investigate and respond to complaints received.

A complaint may result in an inspection of your premises to ensure you are complying with the legislation.
You will be sent a notice prior to the expiration of your current approval that will require your immediate attention.

If you need to amend details on your approval or require a copy of your approval, contact Council.