210GOVERNMENT GAZETTE, WA 14 January 2021

210 GOVERNMENT GAZETTE, WA 14 January 2021 (h) the manner in which the permit holder’s name and other details of a valid permit are to be displayed; or (i) the care, maintenance and cleansing of the stall or any structure used for trading and the place of the stall or any structure; or (j) the vacating of the place of a stall or trading when the stall is not being conducted or trading is not being carried on; or (k) the acquisition and maintenance by the stallholder or trader of public liability insurance; or (l) the period for which the permit is valid; or (m) the designation of any place or places where trading is wholly, or from time to time, prohibited by the local government. (2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply with this local law, the local government may at the request of that permit holder authorise another person to be a nominee of the permit holder for a specified period, and this local law and the conditions of the permit are to apply to the nominee as if he or she was the permit holder. 9.6 Exemptions from requirement to pay fee or to obtain a stallholder’s or trader’s permit charitable organisation means an institution, association, club, society or body whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which no member receives any pecuniary benefit except where the member is an employee or the benefit is an honorarium; and 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 the making of 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, or (c) by an individual or commercial participant for the sole purpose of raising money for a charitable organisation, with the written consent of the charitable organisation. (3) The local government may vary or waive the fee to obtain a stallholder’s or trader’s permit. (4) The local government may exempt a person or a class of persons, whether or not in relation to a specific public place, from the requirement of obtaining a stallholders or traders permit. 9.7 Conduct of stallholders and traders (1) A stallholder whilst conducting a stall or a trader whilst trading must— (a) display a valid 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, must carry the permit in their physical possession; and (b) not display a permit unless it is a valid permit. (2) A stallholder or trader must not— (a) deposit or store anything so as to obstruct the movement of pedestrians or vehicles; or (b) act in an offensive manner or create a nuisance; or (c) use or cause to be used any apparatus or device including any flap or shelf, whereby the dimensions of a stall, vehicle or structure are increased beyond those specified in the permit; or (d) in the case of a trader, carry on trading from a public place, unless there is parking available for customers’ vehicles. 9.8 Street performer permit (1) A person must not perform on local government property unless that person is the holder of a valid street performer permit. (2) An authorised person may direct the holder of a street performer permit to cease performing. 9.9 Variation of permitted area and permitted time to perform (1) The local government may give written notice to the holder of a street performer permit to vary— (a) the permitted area; or (b) the permitted time; or (c) both the permitted area and the permitted time, shown on a permit. 9.10 Cancellation of street performer permit An authorised person may cancel a street performer permit if the permit holder’s performance adversely affects the enjoyment, convenience or comfort of other persons in a public place, or if, the performance otherwise constitutes a nuisance or is deemed offensive.