Use of Public Space Permit

1.1 This consent allows the holder to undertake the Permitted Activity at the Location during the Consent Period only.

1.2 When conducting the Permitted Activity, the consent holder must not:
(a) charge admission fees in connection with their Permitted Activity without Council’s prior written consent;
(b) erect any structures such as marquees or gazebos at the Location without Council’s prior written consent;
(c) use pegs or stakes to secure freestanding items (only weights or sandbags may be used);
(d) use any electrical equipment which has not been tested and tagged;

1.3 This consent does not grant the consent holder exclusive use of the Location during the Consent Period.  The consent holder acknowledges and agrees that there may be other users of the Location during the Consent Period.

The consent holder acknowledges that this consent only authorises them to hold an event or function on Council land and that they may need to obtain other permits or consents from Council, such as a Planning Permit under the Planning and Environment Act 1987 to display signage in connection with the Permitted Activity, or an Occupancy Permit for a Place of Public Entertainment or Temporary Siting Approval under the Building Act 1993.
 

3.1 The consent holder must submit a risk assessment with its consent application and must comply with the plan as approved by Council at all times when at the Location.

3.2 Immediately prior to undertaking the Permitted Activity, the consent holder must undertake a safety inspection at the Location and must immediately notify Council of any hazards or risks identified during this inspection.

3.3 The consent holder must, as soon as is reasonably practicable in the circumstances, notify Council of any incident, accident, injury, damage or loss that occurs at the Location while conducting the Permitted Activity.

3.4 The consent holder must not do or allow any thing to be done while conducting the Permitted Activity which, in the opinion of Council, may be a risk to any person or property.

4.1 The consent holder must advise Council of any third parties it is engaging in connection with their Permitted Activity.

4.2 All third parties engaged by the consent holder must hold and maintain public liability insurance in a minimum sum of $20 million per single event and a copy of their certificate of currency must be provided to Council on request.

4.3 All third parties engaged by the consent holder to provide or sell food and/or drinks must be registered with Streatrader (streatrader.health.vic.gov.au).  Evidence of this registration must be provided to Council on request.

4.4 If Council advises that a third party engaged by the consent holder must provide a Job Safety Analysis (JSA) and/or Safe Working Method Statement (SWMS), this documentation must be provided not less than 10 business days prior to the event date.  If the consent holder does not provide this documentation within this timeframe, the third party will not be permitted to operate at the consent holder’s event or function.

5.1 The consent holder must not damage, remove or otherwise interfere with Council’s property or assets at the Location.  The consent holder is responsible for all costs associated with the repair or replacement of any Council property or assets.

5.2 The consent holder must ensure that at the end of the Consent Period, the Location and vicinity are left clean and tidy with all rubbish and materials removed, free from damage and that all non-Council items and equipment associated with the Permitted Activity have been removed (‘reinstatement’).

5.3 Where the reinstatement of the Location is not to the satisfaction of Council, Council will advise the consent holder of the further reinstatement required and the time period for completion.  If such reinstatement does not occur within the time specified, Council will undertake the reinstatement at the consent holder’s cost.  Any non-Council items and equipment not removed by the time specified will be treated as abandoned and will be disposed of as Council sees fit.

6.1 The consent holder must submit a waste and litter assessment with its consent application and must comply with the plan as approved by Council at all times when at the Location.

6.2 The consent holder is responsible for the removal and disposal of its rubbish and waste from the Location and must not use the public bins at the Location.

7.1 If the consent holder’s application is accepted, Council will issue the consent holder with an invoice for the consent fee and security bond (if any) which must be paid prior to the consent being issued.

7.2 Except where a clause in these conditions of consent provides otherwise, the consent holder will not be entitled to any refund of payments made in respect of the consent.

8.1 If Council charges the consent holder a security bond, it will be used as security against any damage caused to the Location and/or any other breach of these conditions of consent.

8.2 Subject to clause 8.3, a refund of the security bond will be made within 30 days of the end of the Consent Period.

8.3 Deductions from the security bond may be made by Council for any reasonable cause including, but not limited to:

(a) damage caused to the Location or any Council property at the Location;
(b) reinstatement of the Location by Council in accordance with clause 5.3; and
(c) any costs and expenses incurred by Council as a result of a breach of these conditions of consent.

8.4 Where the amount of the security bond is not sufficient to cover the sums payable pursuant to these conditions of consent, the holder will be liable to pay the difference within 30 days of receipt of invoice.

The consent holder must comply with:

(a) all current State and Commonwealth Government directions, requirements and guidelines in respect of COVID-19; and
(b) any additional requirements in response to COVID-19 that Council may impose from time to time.

The consent holder must hold and maintain public liability insurance in a minimum sum of $20 million per single event and must provide a copy of its certificate of currency with its application for consent and otherwise on Council’s request.

11.1 The consent holder undertakes the Permitted Activity at the Location entirely at its own risk.

11.2 To the extent permitted by law, Council accepts no responsibility for any loss, damage, claim or expense suffered, including property loss or damage, personal injury or death, arising from the Permitted Activity.

The consent holder agrees to hold harmless, indemnify and keep indemnified Council, its Councillors, staff and contractors (‘Council’) against any action, claim, demand, cost (including legal costs) or other liability claimed against or incurred by Council in respect of any accident, damage, injury or loss arising from the consent holder’s activity at or occupation of the Location and the consent holder’s compliance or purported compliance with these conditions of consent.

In the event of a breach of these conditions of consent, Council may, acting in its entire discretion, revoke this consent.

The consent holder:

14.1 must comply with any special conditions specified in the consent;

14.2 must ensure the Permitted Activity does not adversely impact surrounding residents or the public;

14.3 must allow Council staff, its contractors, persons authorised by Council and emergency services access to the Location at any time during the Consent Period;

14.4 must follow all directions of Council staff in relation to the Permitted Activity;

14.5 must follow all directions of emergency services;

14.6 is responsible for the conduct and behaviour of its employees, agents, contractors and event attendees, including in respect of their compliance with these conditions of consent;

14.7 must not transfer this consent to a third party;

14.8 must advise Council of any changes which may affect the Permitted Activity;

14.9 must comply with all laws, regulations, rules and Council policies applicable to the Permitted Activity including, without limitation, the Food Act 1984, Road Safety Act 1986 and Road Safety Road Rules 2017; and

14.10 must produce a copy of this consent on request by a member of Council staff or Victoria Police.