Council is committed to supporting retail traders in creating a dynamic and pleasant streetscape atmosphere.
We allow for outdoor dining including tables and chairs, screens, umbrellas, display of goods and temporary advertising signs on public streets.
The policy requires footpath trading to be on the kerb side of the footpath. Council supports local businesses with outdoor dining however it is also important that people (including the elderly, people with disabilities and families with prams) have clear access on footpaths.
The revised policy was adopted by Council at its Council Meeting on 30 August 2016:
Footpath Trading and Access Policy (pdf, 722KB)
Eaton Mall - Special Events
A permit issued for footpath trading under this policy does not cover any additional footpath activities associated with special events authorised by Council such as annual festivals. In such cases, an additional short-term permit may be required.
Events in Eaton Mall - Expression of Interest (EOI) (docx, 320KB)
Please email your completed EOI to email@example.com at least 4 weeks prior to your event date. Submission of this EOI does not constitute Event Approval. For further enquiries, please call the Arts & Cultural Development Unit on 9518 3636.
How to apply for a Footpath Trading Permit
Application to Place Signs, Goods, Tables and Chairs on Footpath (pdf, 1MB)
Contact Community Laws team on 9518 3555 for more information.
What the Policy Applies to
This policy applies to the following types of footpath uses attached to an adjacent business premises:
- Tables and chairs
- Display and sale of goods
- Portable advertising boards, signs and flags
A Local Laws Permit is required where a public footpath is to be used for a commercial purpose.
Permit holders become a party to council's public liability insurance policy only for their permitted footpath trading activity upon payment of the prescribed fee to Council. Permit holders are required to have their own public liability policy with a minimum cover of $20 million for the duration of the trading permit.
Council is now offering the option of paying footpath trading fees by instalments. This option is available for amounts due that are greater than $1000. If the instalment options is taken the trader will need to set up the BPay option via their bank account or credit card account. Please ensure to complete section 5 of the Application to Place Signs, Goods, Tables and Chairs on Footpath.
Once the application has been processed, an invoice will be sent to for payment of the amount due to Council. Please do not make any payment or enclose any payment with the application form prior to receiving an invoice.
Objectives and Guiding Principles of the Policy
The policy is to provide safe and unobstructed pedestrian access on footpaths throughout Monash, whilst allowing footpath trading where conditions are assessed as suitable and safe for these activities.
The guiding principles for footpath trading are:
- The provision of a quality commercial shopping precinct that is safe and accessible to the whole community
- The provision of clear, safe and unobstructed access at all times for pedestrians
- A positive contribution to the urban character, ambience and amenity of the area where footpath trading is permitted.
Footpath Zones and Requirements
The spaces available on footpaths in Activity Centres have been zoned for specific usage to provide a clear and unobstructed footway for pedestrian access.
The four zones are:
Adequate unobstructed space for pedestrian traffic at all times. Generally these zones are 1.8 metres wide, however in certain circumstances this may be reduced to 1.5 metres.
This zone is the only area of the footpath where commercial activity is permitted. The trading zone widths vary according to footpath widths available.
This zone is the allocated space between commercial trading and kerbside parking to provide a suitable buffer. Generally these zones vary in width between 0.8 and 1.2 metres depending on a range of factors including the type of kerbside parking permitted adjacent to the area.
This zone provide regular breaks along continuous lengths of the trading zone to allow pedestrian access between the pedestrian and kerbside zones. These zones are at least 1 metre wide.