850GOVERNMENT GAZETTE, WA 24 January 2017

850 GOVERNMENT GAZETTE, WA 24 January 2017 private property means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or subject of a lease or agreement with a company or person enabling its use for private purposes and includes any building or structure thereon; proprietor— (a) includes the owner, the occupier and any person having the management or control of any food premises; or (b) the holder of a licence granted under the Liquor Control Act 1988 where the premises in question is the subject of a hotel licence, a limited hotel licence, special facility licence or a restaurant licence granted under that Act; thoroughfare or place is or is not on private property and includes, parklands, squares, all lands which belong to or which are vested in or are under the care, control or management of the local government, but does not include premises on private property from which trading is lawfully conducted under a written law; street means any highway, thoroughfare or land, otherwise used for vehicular or pedestrian traffic, and includes all the land lying between property lines, including the street verge and footpath; street market means a collection of stalls, stands or displays erected on a street or other public place for the purpose of selling goods, wares, merchandise, or services or carrying out any other transaction; vehicle includes every conveyance, not being a train, vessel or aircraft and every object capable of being propelled or drawn, on wheels or tracks, by any means; and it in the Local Government Act 1995, the Local Government (Miscellaneous Provisions) Act 1960, Food Act 2008, Building Act 2011 and the Health Act 1911, unless the context requires otherwise. PART 2—TRADING IN THOROUGHFARES AND PUBLIC PLACES Division 1—Stallholders and Traders 2.1 Definitions Competition Principles Agreement means the Competition Principles Agreement executed by each State and Territory of the Commonwealth and the Commonwealth of Australia on 11 April 1995; 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.

24 January 2017 GOVERNMENT GAZETTE, WA 851 2.2 Stallholder’s permit (1) A person must 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 must— (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. 2.3 Trader’s permit (1) A person must 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 must— (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. 2.4 No permit required to sell newspapers 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. 2.5 Relevant considerations in determining application for permit (1) In determining an application for a permit for the purposes of this Division, the local government is to have regard to— (a) any relevant policies of the local government; (b) the desirability of the proposed activity; (c) the location of the proposed activity; (d) the principles set out in the Competition Principles Agreement; and (e) such other matters as the local government may consider to be relevant in the circumstances of the case. (2) The local government may refuse to approve an application for a permit under this Division on any one or more of the following grounds— (a) that the applicant has committed a breach of any provision of this local law or of any written law relevant to the activity in respect of which the permit is sought; (b) that— (i) the applicant is an undischarged bankrupt or is in liquidation; (ii) the applicant has entered into any composition or arrangement with creditors; or (iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been appointed in relation to any part of the applicant’s undertakings or property; or (c) such other grounds as the local government may consider to be relevant in the circumstances of the case. 2.6 Conditions of permit (1) If the local government approves an application for a permit under this Division subject to conditions, those conditions may include— (a) the place, the part of the district, or the thoroughfare to which the permit applies; (b) the days and hours during which a permit holder may conduct a stall or trade; (c) the number, type, form and construction, as the case may be, of any stand, table, structure or vehicle which may be used in conducting a stall or in trading; (d) the goods or services in respect of which a permit holder may conduct a stall or trade; (e) the number of persons and the names of persons permitted to conduct a stall or trade;