5202GOVERNMENT GAZETTE, WA 3 November 2022

5202 GOVERNMENT GAZETTE, WA 3 November 2022 11.2 Exemptions from requirement to pay a fee (1) The local government may waive any fee required to be paid by an applicant for a permit for the purpose of trading on the application if the trading is carried on— (a) at a portion of local government property or a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that— (i) does not sublet space to commercial participants; (ii) does not involve commercial participants in the conduct of the stall or trading; and (iii) operates under a permit where any assistants specified in the permit are members of that charitable organisation. (2) In this clause 11.2, commercial participant means any person who is involved in operating or in conducting any trading activity for personal gain or profit. 11.3 Insurance If required by the local government to hold public liability insurance in respect of the permit holder’s trading activities, a permit holder must produce to an authorised person a current certificate of insurance upon the direction of that authorised person. 11.4 When a permit is required for a street market A person must not conduct a street market on a public place or on local government property— (a) without a valid permit for that purpose; and (b) unless, if required by the local government, the holder of the permit has taken out public liability insurance in respect of the street market. Division 2—Street entertainers 11.5 When a permit is required A person must not perform on or in local government property or a public place without a permit for the purpose of street entertaining. 11.6 Variation of permitted area and permitted time (1) The local government may by notice in writing to a person holding a permit for the purpose of street entertaining vary— (a) the permitted area; (b) the permitted time; or (c) both the permitted area and the permitted time. (2) The local government or an authorised person may direct a holder of a permit for street entertaining to move from one permitted area to another permitted area if more than one area is specified in the 11.7 Duration of a permit for street entertaining A permit for street entertaining is valid for the period of time specified in the permit, unless it is cancelled earlier in accordance with this local law. 11.8 Cancellation of a permit for street entertaining The local government may cancel a permit for street entertaining if, in its opinion or in the opinion of an authorised person— (a) the volume of sound caused by the permit holder in connection with the performance adversely affects the enjoyment, convenience or comfort of other persons or businesses in a public place; or (b) the performance otherwise constitutes a nuisance. 11.9 Obligations of a permit for street entertaining A person holding a permit for street entertaining shall not, except with the written approval of the local government, in a public place or on local government property— (a) perform wearing dirty or ragged clothing; (b) use or fire any weapon or object with sharp edges; (c) perform any act that endangers the safety of the public; (d) perform any act of cruelty to an animal or dog; (e) have more than 4 people perform, unless otherwise authorised by the permit; (f) unless otherwise authorised by the permit, allow any person under the age of 14 years to perform— (i) during school hours on school days; and (ii) between 7.00pm and 6.00am; (g) sell or permit the sale of any music tapes, recordings, compact discs or merchandise unless authorised by the local government; (h) act in an offensive or obscene manner;