2326GOVERNMENT GAZETTE, WA 2 May 2017

2326 GOVERNMENT GAZETTE, WA 2 May 2017 (b) local government property, but does not include premises on private property from which trading is lawfully conducted under a written law. stall means a movable or temporarily fixed structure, stand or table in, on or from which goods or services are sold, hired or offered for sale or hire; stallholder means a person in charge of a stall; stallholder’s permit means a permit issued to a stallholder; trader means a person who carries on trading; trader’s permit means a permit issued to a trader; and trading includes— (a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place; (b) displaying goods in any public place for the purpose of— (i) offering them for sale or hire; (ii) inviting offers for their sale or hire; (iii) soliciting orders for them; or (iv) carrying out any other transaction in relation to them; and (c) the going from place to place, whether or not public places, and— (i) offering goods or services for sale or hire; (ii) inviting offers or soliciting orders for the sale or the hire of goods or services; or (iii) carrying out any other transaction in relation to goods or services, but does not include— (d) the setting up of a stall or the conducting of a business at a stall under the authority of a stallholder’s permit; (e) the selling or the offering for sale of goods and services to, or the soliciting of orders for goods and services from, a person who sells those goods or services; (f) the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; and (g) the selling or hiring or the offering for sale or hire of— (i) goods by a person who represents a manufacturer of the goods; or (ii) services by a person who represents a provider of the services, which are only sold directly to consumers and not through a shop. Subdivision 2—Permits 6.2 Stallholder’s permit (1) A person shall not conduct a stall on a public place unless that person is— (a) the holder of a valid stallholder’s permit; or (b) an assistant specified in a valid stallholder’s permit. (2) Every application for a stallholder’s permit shall— (a) state the full name and address of the applicant; (b) specify the proposed number of assistants to be engaged by the applicant in conducting the stall, as well as their names and addresses if already engaged; (c) specify the proposed location of the stall; (d) specify the period of time for which the permit is sought, together with the proposed days and hours of operation; (e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the stall; and (f) be accompanied by an accurate plan and description of the proposed stall. 6.3 Trader’s permit (1) A person shall not carry on trading unless that person is— (a) the holder of a valid trader’s permit; or (b) an assistant specified in a valid trader’s permit. (2) Every application for a trader’s permit shall— (a) state the full name and address of the applicant; (b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading, as well as their names and addresses if already engaged; (c) specify the location or locations in which the applicant proposes to trade; (d) specify the period of time for which the permit is sought, together with the proposed days and hours of trading; (e) specify the proposed goods or services which will be traded; and (f) be accompanied by an accurate plan and description of any proposed structure or vehicle which may be used by the applicant in trading.

2 May 2017 GOVERNMENT GAZETTE, WA 2327 6.4 No permit required to sell newspaper Notwithstanding any other provision of this local law, a person who sells, or offers for sale, a newspaper is not required to obtain a permit. 6.5 Exemptions from requirement to pay fee or to obtain a permit (1) In this clause, commercial participant means any person who is involved in operating a stall or in conducting any trading activity for personal gain or profit. (2) The local government may waive any fee required to be paid by an applicant for a stallholder’s permit or a trader’s permit on making an application for or on the issue of a permit, or may return any such fee which has been paid, if the stall is conducted or the trading is carried on— (a) on a portion of a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that does not sublet space to, or involve commercial participants in the conduct of a stall or trading, and any assistants that may be specified in the permit are members of that charitable organisation. (3) The local government may exempt a person or a class of persons, whether or not in relation to a specified public place, from the requirements of this Division. Subdivision 3—Conduct of stallholders and traders 6.6 Conduct of stallholders and traders (1) A stallholder while conducting a stall or a trader while trading shall— (a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary structure or if there is no stall, vehicle or temporary structure, carry the permit with her or him while conducting a stall or trading; (b) not display a permit unless it is a valid permit; and (c) when selling goods by weight, carry and use for that purpose, scales tested and certified in accordance with the provisions of the National Measurement Act 1960 (Cth). Division 2—Outdoor eating facilities on public places 6.7 Interpretation In this Division— facility means an outdoor eating facility or establishment on any part of a public place, but does not include such a facility or establishment on private land; permit holder means the person to whom a permit has been issued for the purpose of clause 6.8; and public place has the meaning given to it in clause 6.1. 6.8 Permit required to conduct facility A person shall not establish or conduct a facility without a permit. 6.9 Matters to be considered in determining application In determining an application for a permit for the purpose of clause 6.8, the local government may consider in addition to any other matter it considers relevant, whether or not— (a) the facility is conducted in conjunction with and as an extension of food premises which abut on the facility, and whether the applicant is the person conducting such food premises; (b) any abutting food premises are registered in accordance with the Food Act 2008 and whether the use of the premises is permitted under the local planning scheme; (c) the facility will comply with any local law made by the local government; (d) users of the facility will have access to proper and sufficient sanitary and ablutionary conveniences; (e) the facility would— (i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any person; or (ii) impede pedestrian access; and (f) the tables, chairs and other equipment to be used may obstruct or impede the use of the public place for the purpose for which it was designed. 6.10 Obligations of permit holder (1) The permit holder for a facility shall— (a) ensure that the facility is conducted at all times in accordance with the provisions of this local law and any local law made by the local government; (b) ensure that the eating area is kept in a clean and tidy condition at all times; and (c) maintain the chairs, tables and other structures in the eating area in a good, clean and serviceable condition at all times. (2) Whenever, in the opinion of the local government, any work is required to be carried out to a facility, the local government may give a notice to the permit holder for the facility to carry out that work within the time limited by the notice.