SHIRE OF BROOME
———————————
TRADING, OUTDOOR DINING
AND STREET
ENTERTAINMENT LOCAL
LAW 2016
16 January 2017 GOVERNMENT GAZETTE, WA 381
LOCAL GOVERNMENT ACT 1995
SHIRE OF BROOME
TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT
LOCAL LAW 2016
CONTENTS
PART 1—PRELIMINARY
1.1 Citation
1.2 Commencement
1.3 Purpose
1.4 Repeal
1.5 Application
1.6 Definitions
PART 2—APPLICATION FOR LICENCE AND ISSUE OF LICENCE
2.1 Planning consent
2.2 Application for licence
2.3 Determination of application
2.4 Issue of licence
2.5 Licence renewal
2.6 Fees
2.7 Cancellation of licence
2.8 Suspension of licensee rights and privileges
2.9 Rights of objection and appeal
PART 3—OUTDOOR DINING
3.1 Outdoor dining
3.2 Limitations on outdoor dining
3.3 Licence application
3.4 Outdoor dining licence
3.5 Term and validity of licence
3.6 Cancellation of an outdoor dining license
3.7 Responsibilities of licensee
PART 4—MARKETS
4.1 Markets
4.2 Limitations on markets
4.3 Licence application
4.4 Market licence
4.5 Term and validity of license
4.6 Responsibilities of licensee
PART 5—TRADING
5.1 Trading
5.2 Limitations on trading
5.3 Exemption from requirement to pay fee
5.4 Licence application
5.5 Trading licence
5.6 Term and validity of licence
5.7 Responsibilities of licensee
382 GOVERNMENT GAZETTE, WA 16 January 2017
PART 6—STREET ENTERTAINMENT
6.1 Street entertainment
6.2 Limitations on street entertainment
6.3 Licence application
6.4 Street entertainment licence
6.5 Term and validity of licence
6.6 Responsibilities of licensee
6.7 Cancellation or variation of street entertainment licence
PART 7—SECURED SUM
7.1 Security for restoration and reinstatement
7.2 Use by the local government of secured sum
PART 8—MISCELLANEOUS
8.1 Directions of authorised person
8.2 Notice requiring works to be done to remedy breach
8.3 Notice to advise licensee of planned or emergency works
8.4 Works in public property
8.5 Serving of notice
8.6 Public liability insurance and indemnity
PART 9—OFFENCES AND PENALTIES
9.1 Offences
9.2 Prescribed offences and modified penalties
SCHEDULE 1
PRESCRIBED OFFENCES AND MODIFIED PENALTIES
16 January 2017 GOVERNMENT GAZETTE, WA 383
LOCAL GOVERNMENT ACT 1995
SHIRE OF BROOME
TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT
LOCAL LAW 2016
Under the powers conferred by the Local Government Act 1995 and under all other powers enabling
it, the Council of the Shire of Broome resolved to make the following local law on 15 December 2016.
PART 1—PRELIMINARY
1.1 Citation
This local law may be cited as the Shire of Broome Trading, Outdoor Dining and Street Entertainment
Local Law 2016.
1.2 Commencement
This local law comes into operation 14 days after the date of its publication in the Government
Gazette.
1.3 Purpose
The purpose of this local law is to provide for the regulation, control and management of outdoor
dining areas, markets, trading (including door to door) and street entertainment, in any public place
within the district.
1.4 Repeal
The Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2003 as published
in the Government Gazette on 5 March 2004 and amended on 31 July 2012, is repealed.
1.5 Application
This local law applies throughout the district.
1.6 Definitions
In this local law unless the context requires otherwise—
Act means the Local Government Act 1995;
advertising device means an object on which words, numbers or figures are written, placed,
affixed or painted for the purpose of advertising any business, function, operation, event,
undertaking, product, or thing and includes a vehicle or trailer or other similar object placed
or located so as to serve the purpose of advertising a business, function, operation, event,
undertaking, product or thing;
applicant means a person who has lodged an application for a licence;
application fee means the application fee referred to in subclause 2.2.2(d) and which relates to
the lodgement, assessment and determination of an application for a licence but does not
include the licence fee;
approved area means an approved outdoor dining area, approved street entertainment area,
approved market area or approved trading area;
approved market area means the portion of a public place approved for the setting up or
conduct of a market under a market licence;
approved outdoor dining area means the portion of a public place approved for the setting up
or conduct of an outdoor dining area under an outdoor dining licence;
approved street entertainment area means the portion of a public place approved for street
entertainment under a street entertainment licence;
approved trading area means the portion of a public place approved for the carrying on of
trading under a trading licence, or in the case of a licensee who does not trade from a fixed
location, the route or the areas approved for the carrying on of trading under a trading
licence;
Section 1 - Trading, Outdoor Dining and Street Entertainment Local Law 2016 - Trading, Outdoor Dining and Street Entertainment Local Law 2016 | Zoe
384 GOVERNMENT GAZETTE, WA 16 January 2017
authorised person means—
(a) a person appointed by the local government under section 9.10 of the Act to perform
any of the functions of an authorised person under this local law; and
(b) any member of the Western Australian Police Force;
carriageway has the meaning given to it in the Road Traffic Code 2000;
certificate of currency is a document which outlines the currency of an insurance policy, it
details the type of policy, sums insured, policy expiry date and the insurer;
Council means the council of the local government;
development approval means approval granted by the local government in accordance with the
Planning and Development Act 2005;
district means the district of the local government;
event means—
(a) an occurrence held within the local government on private or public land, by a
person(s)/group/organisation, where people assemble at a given time for entertainment,
recreation or community purposes and includes but is not limited to—
(i) concerts and events run as a commercial activity;
(ii) ceremonies and processions;
(iii) sporting and competitor events such as marathons, triathlons, organised swims
and other similar events;
(iv) shows and fairs including circuses, carnivals and other customised venue based
events;
(v) festivals, exhibitions and expos; and
(vi) community events and fundraisers, and
(b) an occurrence approved by the local government in accordance with the Shire of
Broome Local Government Property and Public Places Local Law 2012;
food has the same meaning as that in section 9 of the Food Act 2008;
food premises means premises—
(a) on which a food business as defined by the Food Act 2008 is carried out; or
(b) that is the subject of a hotel licence, limited hotel licence, special facility licence or
restaurant licence granted under the Liquor Control Act 1988;
footpath means an area that is open to the public that is designated for, or has as one of its main
uses, use by pedestrians;
goods means goods, wares, merchandise and produce;
licence means a licence issued under this local law;
licence fee means the fee referred to in subclause 2.4.1(b) and which relates to the issue of a
licence;
licence number means the licence reference number assigned to a licence by the local
government;
licensee means the holder of a licence;
liquor has the meaning given to it in section 3 of the Liquor Control Act 1988;
local government means the Shire of Broome;
local government property means anything—
(a) which belongs to, is owned by or is under the care, control and management of the local
government;
(b) which is an “otherwise unvested facility” within section 3.53 of the Act; or
(c) of which the local government is a management body under the Land Administration
Act 1997, but does not include a thoroughfare;
market means a collection of stalls set up or conducted for the purpose of trading;
market licence means a licence issued under this local law to set up or conduct a market in a
public place;
nuisance means—
(a) any activity, thing, condition, circumstance or state of affairs caused or contributed to
by a person which is injurious or dangerous to the health of another person of normal
susceptibility, or which has a disturbing effect on the reasonable physical, mental or
social state of another person;
(b) any thing a person does or permits or causes to be done which interferes with or is
likely to interfere with the reasonable enjoyment or safe use by another person of any
public place; or
(c) any thing a person does in or on a public place which unreasonably detracts from or
interferes with the enjoyment or value of nearby land owned by another person;
outdoor dining area means an area in which tables, chairs and other structures are provided
for the purpose of the supply of food or drink to the public or the consumption of food or drink
by the public;
16 January 2017 GOVERNMENT GAZETTE, WA 385
outdoor dining licence means a licence issued under this local law to set up and conduct an
outdoor dining area in a public place;
pavement or visual artist means performance art whereby the artist renders artistic designs on
pavement such as streets, footpaths and town squares or creates visual artworks such as
painting, sculpting, drawing, photography etc;
person does not include the local government;
proprietor in relation to a food premises, means—
(a) the person carrying on the food business or if that person cannot be identified, the
person in charge of the food business; or
(b) the holder of a hotel licence, a limited hotel licence, a special facility licence or a
restaurant licence granted under the Liquor Control Act 1988 in relation to the food
premises;
public liability insurance policy means an insurance policy held with an insurance company
that insures against all sums for which the policy holder may become legally liable by way of
compensation for claims of personal injury or property damage that a third party suffers (or
claims to have suffered) as a result of the policy holder’s business operation/activities;
public place means any thoroughfare or local government property;
public thoroughfare means any thoroughfare which the public are allowed to use;
stall means a movable or temporarily fixed structure, stand or table and includes a vehicle;
standard business card means a card made of paper or cardboard displaying the details of the
licensee that is no larger than 8.5 centimetres by 5.5 centimetres in size;
street entertainment means any form of theatrical, artistic, musical, audio or visual
performance, whether for reward or not, and includes busking;
street entertainment licence means a licence issued under this local law to engage in street
entertainment in a public place;
thoroughfare means a road or other thoroughfare including parking areas, structures or other
things appurtenant to the thoroughfare that are within its limits, and nothing is prevented
from being a thoroughfare only because it is not open at each end;
trading includes—
(a) the selling or offering for sale of goods or services in a public place; or
(b) the hiring or offering for hire of goods; or
(c) the soliciting of orders for goods or services in a public place; or
(d) the undertaking of training or instruction, including fitness classes, in a public place,
where—
(i) any person(s) receiving the training or instruction pay a fee to the person
undertaking the training or instruction; and
(ii) the training or instruction operates primarily and regularly in public places; or
(e) 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 their sale or hire; or
(iv) carrying out any other transaction in relation to them; and
(f) the going from place to place, whether or not public places, and—
(i) offering goods or services for sale or hire; or
(ii) inviting offers or soliciting orders for the sale or hire of goods or services, but does
not include—
A. the delivery of pre ordered goods or services to the purchaser of those goods
or services; or
B. the taking of further orders for goods or services from the purchaser of the
pre ordered goods or services when those orders are taken at the same time
as the previous order is being delivered;
but excludes the erection or placement of a sign advertising 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 approved in accordance with the Shire of Broome Local Government Property and
Public Places Local Law 2012;
trading licence means a licence issued under this local law to carry on trading; and
vehicle includes—
(a) every conveyance and every object capable of being propelled or drawn on wheels,
tracks or otherwise; and
(b) an animal being ridden, driven or led,
but excludes—
(c) a wheel-chair or any device designed for use, by a physically impaired person on a
footpath; and
(d) a pram, stroller or similar device.
386 GOVERNMENT GAZETTE, WA 16 January 2017
PART 2—APPLICATION FOR LICENCE AND ISSUE OF LICENCE
2.1 Planning consent
The requirement for a licence under this local law is additional to the requirement, if any, for
development approval.
2.2 Application for licence
2.2.1 Where a person is required to obtain or hold a licence under this local law, that person must
apply for the licence in accordance with subclause 2.2.2 and—
(a) clause 3.3 in the case of an application for an outdoor dining licence;
(b) clause 4.3 in the case of an application for a market licence;
(c) clause 5.4 in the case of an application for a trading licence; and
(d) clause 6.3 in the case of an application for a street entertainment licence.
2.2.2 An application for a licence under this local law must—
(a) be in the form determined by the local government;
(b) be signed by the applicant;
(c) provide the information required by the form or by any other clause of this local law; and
(d) be forwarded to the local government together with the application fee.
2.2.3 The local government may refuse to consider or determine an application for a licence which is
not in accordance with subclause 2.2.2 or any other clause containing requirements to be complied
with when making an application for a licence.
2.3 Determination of application
2.3.1 The local government may, in respect of an application for a licence—
(a) refuse to approve the application; or
(b) approve the application on such terms and conditions, if any, as it sees fit.
2.3.2 The local government may refuse to approve an application for a licence, where—
(a) it is not in accordance with clause 2.2 or any other clause containing requirements to be
complied with when making an application for a licence;
(b) the activity will have an unreasonable impact on an established shop or an activity
undertaken under an existing licence;
(c) the application does not comply with a policy of the local government adopted by the Council
and relevant to that application;
(d) the proposed activity or location in respect of which a licence is sought is considered by the
local government to be undesirable;
(e) the proposed stall is considered by the local government to be unsuitable in any respect for
the activity or location for which the licence is sought;
(f) the applicant is not a suitable person to hold a licence;
(g) the applicant is an undischarged bankrupt or is in liquidation;
(h) the applicant has entered into any composition or arrangement with creditors;
(i) 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
(j) there are other grounds on which the local government considers the application should be
refused.
2.3.3 Where the local government approves an application for a licence, it may approve the
application subject to conditions by reference to any policy of the local government adopted by the
Council which contains conditions subject to which an application for a licence may be approved.
2.3.4 If the local government refuses to approve an application for a licence, it is to give written
reasons for that refusal to the applicant.
2.4 Issue of licence
2.4.1 When—
(a) the local government approves an application for a licence; and
(b) the applicant pays the licence fee,
then the local government will issue to the applicant a licence in the form determined by the local
government.
2.4.2 A licence may include plans or other documents other than the form of licence.
2.4.3 A licence will not be valid until such time as any public liability insurance policy, if required as a
condition of the licence, has been put into effect and a certificate of currency covering the period of the
licence has been provided to the local government.
2.4.4 The local government may vary the terms or conditions of a licence and the licensee must
comply with those terms and conditions as varied on and from the date of notification of the variation.
2.5 Licence renewal
2.5.1 Prior to the expiry of an outdoor dining licence, a market licence or a trading licence, the
licensee may apply to the local government for the renewal of the licence.
16 January 2017 GOVERNMENT GAZETTE, WA 387
2.5.2 Subject to subclause 2.5.3, the provisions of this local law which are relevant to the licence to be
renewed apply to an application for the renewal of the licence.
2.5.3 Where the relevant details in relation to an activity have not changed since the licence was
issued, the licensee is not required to resubmit details required at the time of the initial application
with the application to renew the licence.
2.5.4 Where the local government approves an application under subclause 2.5.1—
(a) the licensee must pay the licence fee for the renewed licence prior to the issue of that licence;
and
(b) the renewed licence will be in the form determined by the local government.
2.6 Fees
2.6.1 All fees referred to in this local law will be imposed and determined by the local government
under and in accordance with sections 6.16 to 6.19 of the Act.
2.6.2 In the event of the cancellation of a licence, a licensee will not be entitled to a refund of the
licence fees for the remainder of the licence period unless the licence is cancelled under clause 2.7(g).
2.7 Cancellation of licence
The local government may cancel any licence if—
(a) the licensee does not comply with the conditions of the licence;
(b) the licensee is convicted of an offence against this local law;
(c) the licensee does not comply with subclause 8.6.1 where it is a condition of the licence that
the licensee provide a public liability insurance policy;
(d) the licensee does not comply with a notice given under Part 8;
(e) the licensee fails to undertake the activity approved by the licence for a period of 12 months;
(f) when relevant to the activity regulated by the licence—
(i) the licensee has become bankrupt or gone into liquidation;
(ii) the licensee has entered into any composition or arrangement with creditors; or
(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager is
appointed in relation to any part of the licensee’s undertakings or property; or
(g) there are other grounds on which the local government considers the licence should be
cancelled.
2.8 Suspension of licensee rights and privileges
2.8.1 Where a public liability insurance policy is required as a condition of a licence, the rights and
privileges granted to a licensee on the issue of a licence will be taken to be suspended if that policy
lapses, is cancelled or is no longer current.
2.8.2 The rights and privileges granted to a licensee on the issue of a licence may be suspended by the
local government for the purpose and duration of any works proposed or done in or adjacent to the
area subject of the licence, by or on behalf of a Government department, instrumentality of the Crown
or the local government.
2.9 Rights of objection and appeal
When the local government makes a decision as to whether it will—
(a) grant a person a licence under this local law; or
(b) renew, vary, transfer or cancel a licence that a person has under this local law,
the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions
and General) Regulations 1996 apply to that decision.
PART 3—OUTDOOR DINING
3.1 Outdoor dining
A person must not establish an outdoor dining area in a public place without an outdoor dining
licence, unless the outdoor dining area is established—
(a) in accordance with a development approval;
(b) as part of an event; or
(c) in accordance with an approval granted by the local government under another written law.
3.2 Limitations on outdoor dining
3.2.1 An outdoor dining licence—
(a) may only be issued—
(i) to the proprietor of a food premises, for use of land adjacent to the food premises;
(ii) where the positioning of tables and chairs is not in conflict with existing street
furniture approved or installed by the local government; and
(iii) where the pedestrian flow on any footpath will not be unreasonably impeded; and
(b) is only transferable with the approval of the local government and on payment of the transfer
fee.
3.2.2 The issue of an outdoor dining licence does not give the licensee exclusive possession or use of
the approved outdoor dining area.
388 GOVERNMENT GAZETTE, WA 16 January 2017
3.3 Licence application
3.3.1 An applicant for an outdoor dining licence must comply with subclause 2.2.2.
3.3.2 The application for an outdoor dining licence must be forwarded to the local government
together with—
(a) a plan or plans to a scale of 1:50 showing—
(i) the location and dimensions of the proposed outdoor dining area and the means by
which the outdoor dining area will be separated from the rest of the public place;
(ii) the food premises to which the outdoor dining area is adjacent, including any indoor
seating areas, the area of food preparation and any counter service, and the dimension,
location and purpose of all entrances to the food premises;
(iii) the dimensions, levels and slope of the adjacent footpath and the location and nature of
any street furniture, drainage and utilities in the immediate vicinity of the food
premises;
(iv) the location and nature of any parking or service bays in the immediate vicinity of the
food premises and the alignment of the adjacent carriageway;
(v) the number, position and dimensions of all tables, chairs and associated furniture and
fixtures proposed to be placed in the outdoor dining area;
(vi) the position and description of any landscaping, bollards or other objects proposed to be
used or displayed in the proposed outdoor dining area; and
(vii) any other information requested by the local government to assist with the assessment
of the application;
(b) a plan to a scale of 1:50 showing the location of the proposed outdoor dining area and all land
and improvements within 30 metres of the boundaries of the eating area, and in particular—
(i) the development and use of adjoining properties, including the location of any
pedestrian or service access to those sites, the alignment of the building facade and the
location of any windows;
(ii) the footpath and carriageway alignment, vehicle crossovers and any on-street parking
provision or restrictions; and
(iii) any street furniture or other structures situated in the verge area including any power
poles, bollards, phone booths, bus shelters, fire hydrants, trees or free standing signage;
(c) a management plan outlining the operations of the proposed outdoor dining area including—
(i) the manner in which food and other dining accessories will be conveyed to and
protected from contamination in the proposed outdoor dining area;
(ii) the proposed days and times of operation of the outdoor dining area;
(iii) the nature of any advertising devices to be displayed on or within the proposed outdoor
dining area;
(iv) the arrangements for serving liquor to customers in the proposed outdoor dining area;
(v) where tables, chairs, furniture and equipment to be used as part of the proposed
outdoor dining area will be stored when the proposed outdoor dining area is not open
for business;
(vi) the daily cleaning schedule for the proposed outdoor dining area which must include—
A. sweeping, washing or scrubbing the paved surface;
B. removing and disposing of all rubbish, food and cigarette ashes and butts; and
C. clearing the immediate surrounds of any rubbish, matter or things coming from
or caused by patrons of the proposed outdoor dining area;
(vii) the type of table ornaments, including umbrellas and ashtrays, to be provided, noting
that ashtrays must be such that the contents of the ashtray and the ashtray itself will
not be blown onto the paved surface of the proposed outdoor dining area; and
(viii) details of how customers of the proposed outdoor area will be discouraged from
throwing or disposing of rubbish, cigarette butts or food onto the paved surface of the
proposed outdoor dining area.
3.4 Outdoor dining licence
3.4.1 An outdoor dining licence granted by the local government will include—
(a) an endorsed copy of the plan or plans detailing the location and number of tables and chairs,
plus any other furniture and equipment required for the operation of the outdoor dining area;
(b) the management plan;
(c) the days and hours of operation; and
(d) details of any terms and conditions to be included as part of the licence.
3.4.2 The licensee must not commence trading until the local government is satisfied that all
conditions imposed under subclause 2.3.1(b) have been met.
3.5 Term and validity of licence
3.5.1 An outdoor dining licence remains valid until—
(a) 30 June of the financial year in which the licence was issued, noting that the licence fee for a
licence may be calculated on a pro-rata basis;
16 January 2017 GOVERNMENT GAZETTE, WA 389
(b) the proprietor of the food premises changes and no transfer of the licence has been approved
under subclause 3.2.1(b);
(c) variations are made to the outdoor dining area, including an increase or reduction in the
approved outdoor dining area or the type of furniture or equipment used in the operation,
unless the variations are made by the local government in accordance with clause 2.4.4;
(d) any public liability insurance policy required as a condition of the licence lapses, is cancelled
or is no longer in operation; or
(e) the licence is cancelled by the local government.
3.5.2 If any of the events specified in subclause 3.5.1 occur, then a new application for an outdoor
dining licence must be made and a new outdoor dining licence issued before any outdoor dining area
can be established.
3.6 Cancellation of an outdoor dining licence
3.6.1 Without limiting clause 2.7, the local government may cancel an outdoor dining licence where—
(a) there is a lapse or cancellation of the food premises registration or licence issued to the
proprietor under the Food Act 2008; or
(b) the setting up or conduct of the outdoor dining area is determined by the local government to
be detrimental to the interests of the public, any adjacent property owner or occupier or cause
a nuisance because of the behaviour of customers.
3.6.2 A decision to cancel a licence under sub-clause (b) will not be made without first having advised
the licensee of the nature of any complaint or concern and having given the licensee an opportunity to
respond.
3.7 Responsibilities of licensee
3.7.1 The licensee must—
(a) comply with the conditions of the outdoor dining licence;
(b) not permit the operation of the outdoor dining area to extend beyond the portion of a public
place specified in the plans approved as part of the licence;
(c) manage the approved outdoor dining area in accordance with the approved management plan
submitted with the application, subject to any approved amendments or modifications by the
local government;
(d) keep the approved outdoor dining area free of any obstacle or matter likely to cause injury to
persons or property;
(e) ensure furniture and equipment remains within the approved outdoor dining area and the
storage location approved as part of the licence and does not impede pedestrian flow or access;
(f) repair any damage to the surface area or any fixtures, fittings or utility services in or on the
approved outdoor dining area caused by or attributable to the conduct of the approved
outdoor dining area;
(g) pay all fees, charges, rates and taxes levied or incurred as a result of the establishment and
operation of the approved outdoor dining area;
(h) ensure trading within the approved outdoor dining area is limited to only the operating hours
stated in the licence; and
(i) pay all and any costs associated with the alteration, repair, reinstatement or reconstruction
of all or part of the approved outdoor dining area or adjacent public place required as a result
of the operation of the outdoor dining area.
3.7.2 If the outdoor dining licence lapses or is cancelled, the licensee must—
(a) remove all furniture, equipment, structures and other things placed in or adjacent to the
approved outdoor dining area; and
(b) reinstate the area to the satisfaction of the local government or pay the costs of that
reinstatement.
PART 4—MARKETS
4.1 Markets
A person must not set up or conduct a market in a public place without a market licence, unless the
market—
(a) forms part of an event; or
(b) is established in accordance with an approval granted by the local government under another
written law.
4.2 Limitations on markets
4.2.1 A market licence is only transferable with the approval of the local government and on payment
of the transfer fee.
4.2.2 The issue of a market licence does not give the licensee exclusive possession or use of the
approved market area.
390 GOVERNMENT GAZETTE, WA 16 January 2017
4.3 Licence application
4.3.1 An applicant for a market licence must comply with subclause 2.2.2.
4.3.2 An application for a market licence must be forwarded to the local government together with—
(a) a plan or plans to a scale of 1:50 showing—
(i) the location and dimensions of the proposed market;
(ii) the dimensions of the public place including any footpath, and the location and nature
of any street furniture, trees, utilities, parking or service bays in the area of the
proposed market; and
(iii) the position and dimensions of all proposed stalls;
(b) any other information requested by the local government to assist with the assessment of the
application;
(c) a management plan outlining the operations of the proposed market including—
(i) the days and times of operation;
(ii) the type and form of any advertising devices to be displayed on or within the proposed
market; and
(iii) details of how the operational responsibilities of the licensee will be met;
(d) the nature and extent of any activity relating to street entertainment; and
(e) details of the goods or services to be traded under the market licence.
4.4 Market licence
A market licence granted by the local government will include—
(a) a licence number;
(b) an endorsed copy of the plan or plans detailing the location where any stalls, furniture
displays and other equipment may be placed for the operation of the market;
(c) the management plan;
(d) the days and hours of operation; and
(e) any terms and conditions of the licence.
4.5 Term and validity of licence
4.5.1 A market licence remains valid until—
(a) the expiry date stated in the licence is reached;
(b) variations are made to the market area, including an increase or reduction in the approved
market area, unless the variations are made by the local government in accordance with
clause 2.4.4;
(c) any public liability insurance policy required as a condition of the licence lapses, is cancelled
or is no longer in operation; or
(d) the licence is cancelled by the local government.
4.5.2 If any of the events specified in subclause 4.5.1 occur, then a new application for a market
licence must be made and a new market licence issued before any market can be set up or conducted.
4.6 Responsibilities of licensee
4.6.1 The licensee must—
(a) comply with the conditions of the market licence;
(b) not permit the operation of the market to extend beyond the portion of a public place specified
in the plans and approved as part of the licence;
(c) prior to setting up or conducting the market, obtain the following further approvals and make
arrangements as follows—
(i) where the market is to be set up or conducted on a public thoroughfare, obtain approval
from the local government and Western Australian Police Service for the closure of the
public thoroughfare to vehicular traffic or the part of it where the market is to be held
during the hours of operation of the market;
(ii) ensure adequate refuse collection arrangements have been made to the satisfaction of
the local government; and
(iii) where appropriate, have the necessary local government approvals under the Health
(Public Buildings) Regulations 1992, including a—
A. certificate of approval under regulation 6 of those regulations; and
B. certificate of electrical compliance under regulation 10 of those regulations.
4.6.2 During the operation of the market and the setting up and dismantling of the market, the
licensee must—
(a) maintain pedestrian access through and beyond the approved market area;
(b) maintain access to building entries adjacent to the approved market area;
(c) retain access to existing or approved outdoor dining areas associated with the building entries
referred to in sub-clause (b);
(d) maintain adequate access for emergency vehicles through any thoroughfare of the approved
market area;
16 January 2017 GOVERNMENT GAZETTE, WA 391
(e) stabilise all stalls, furniture and other equipment provided and used in the operation of the
market at all times and remove stalls, furniture and equipment when not in use;
(f) maintain noise levels from any associated music, announcements and the like, in accordance
with any condition of the market licence, so as not to cause a nuisance; and
(g) maintain the approved market area clean and free from rubbish.
4.6.3 The licensee must at the conclusion of the operation of each market, ensure that all stalls,
furniture and other equipment used in the operation of the market, are removed and the area
returned to the condition it was in before the commencement of the market, and to the satisfaction of
the local government.
PART 5—TRADING
5.1 Trading
A person must not undertake trading in a public place without a trading licence, unless the trading—
(a) is undertaken as part of an event;
(b) is undertaken in accordance with a valid market licence;
(c) is undertaken in accordance with an approval granted by the local government under another
written law; or
(d) is of a type or undertaken in a way that is specified as being exempt from the requirement for
a trading licence under a policy adopted by the local government.
5.2 Limitations on trading
5.2.1 A trading licence is only transferable with the approval of the local government and on payment
of the transfer fee.
5.2.2 The issue of a trading licence does not give the licensee exclusive possession or use of the
approved trading area.
5.3 Exemption from requirement to pay fee
5.3.1 In this clause—
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 any member does not
receive any pecuniary profit except where the member is an employee or the profit is an
honorarium.
5.3.2 The local government may waive the application fee referred to in clause 2.2.2(d) or the licence
fee referred to in clause 2.4.1(b) or both, or may return any such fee which has been paid, if trading is
carried—
(a) on a public place adjoining the normal place of business of the applicant for the trading
licence; or
(b) solely by members of a charitable organisation to raise funds for that charitable organisation.
5.4 Licence application
5.4.1 An applicant for a trading licence must comply with subclause 2.2.2.
5.4.2 An application for a trading licence must be forwarded to the local government together with—
(a) details of the number of persons to be employed or engaged in the trading at any one time;
(b) a plan of the proposed location or, where the trading will not be conducted from a fixed
location, a description of the route or areas from which the applicant proposes to trade;
(c) details of the days and hours of operation;
(d) details of the proposed goods or services to be traded under the trading licence;
(e) if any stall will be used for trading, a detailed and accurate plan and description, including
dimensions, of the stall; and
(f) where the applicant is a corporation, the name and address of the person responsible for
complying with any terms and conditions of the licence.
5.5 Trading licence
A trading licence granted by the local government will—
(a) include a licence number;
(b) include the location, days and hours of operation and approved trading area;
(c) detail the goods or services which can be traded under the trading licence;
(d) specify the number of persons that may carry on trading at any time under the trading
licence; and
(e) detail any other terms and conditions imposed on the licence.
5.6 Term and validity of licence
5.6.1 A trading licence remains valid until—
(a) the expiry date stated in the licence is reached;
392 GOVERNMENT GAZETTE, WA 16 January 2017
(b) variations are made to the trading area or activities, including an increase, reduction or
change in the approved trading area, unless the variations are made by the local government
in accordance with subclause 2.4.4;
(c) any public liability insurance policy required as a condition of the licence lapses, is cancelled
or is no longer in operation; or
(d) the licence is cancelled by the local government.
5.6.2 If any of the events specified in subclause 5.6.1 occur, then a new application for a trading
licence must be made and a new trading licence issued before any trading can be carried out.
5.7 Responsibilities of licensee
5.7.1 The licensee must—
(a) comply with the conditions of the trading licence;
(b) where a stall is being used for trading—
(i) display a sign indicating the name of the licensee and the licence number, with letters
and numerals not less than 5 centimetres in height in a conspicuous place in the
approved trading area;
(ii) ensure that the approved trading area is attended either by the licensee or a person
employed or engaged in the trading activity at all times when trading is being
undertaken;
(iii) keep the stall in a clean and safe condition and in good repair;
(iv) keep the approved trading area free from refuse and rubbish;
(v) remove any stall, goods, equipment and signs from the approved trading area and leave
that location clean and vacant—
A. at the conclusion of the permitted hours of operation specified in the trading
licence; and
B. whenever trading is not taking place; and
(c) have the trading licence available at all times trading is being undertaken, for inspection at
the request of any authorised person.
5.7.2 The licensee must not—
(a) permit any trading activity to extend beyond the approved trading area;
(b) engage in or permit any trading in any goods or services other than those specified in the
trading licence;
(c) cause, permit or suffer any nuisance to exist, arise or continue on or from the approved
trading area;
(d) deposit, place or store any goods on any public place, other than within the trading area;
(e) obstruct the free passage of pedestrians on any footpath or pedestrian accessway;
(f) use or display or permit to be used or displayed any advertisement, placard, poster, streamer,
sign or signboard on or about the approved trading area exceeding a total area of 0.5 square
metres;
(g) erect and maintain any signs in accordance with sub-clause (f) so as to obscure any other
signage on or adjacent to the approved trading area;
(h) cry out or shout about, or permit any other person to cry out or shout about, any goods or
services in any public place or from the trading area, to the detriment of or causing a
nuisance to nearby traders or persons undertaking commercial activities; or
(i) use or permit to be used—
(i). any loud hailer, microphone, amplifier or other apparatus for making or transmitting
sound, on or from the approved trading area, unless approved by the local government;
(ii). any record, tape, radio, bell, musical instrument or other instrument or device capable
of being heard beyond the boundaries of the approved trading area unless approved by
the local government;
(iii) any flashing or intermittent lighting apparatus or device on or from the approved
trading area; or
(iv). an apparatus or device including a flap or shelf whereby the dimensions of the stall are
increased beyond the dimensions specified in the trading licence.
PART 6—STREET ENTERTAINMENT
6.1 Street entertainment
A person must not engage in street entertainment in a public place without a street entertainment
licence, unless the street entertainment—
(a) forms part of an event;
(b) forms part of a market for which a licence has been granted by the local government under
clause 4.4; or
(c) is provided in accordance with an approval granted by the local government under another
written law.
16 January 2017 GOVERNMENT GAZETTE, WA 393
6.2 Limitations on street entertainment
6.2.1 A street entertainment licence is not transferable.
6.2.2 The issue of a street entertainment licence does not give the licensee exclusive possession or use
of the approved street entertainment area.
6.3 Licence application
6.3.1 An applicant for a street entertainment licence must comply with subclause 2.2.2.
6.3.2 An application for a street entertainment licence must be forwarded to the local government
together with—
(a) details of the nature of the proposed street entertainment;
(b) details of any musical instrument or amplifier proposed to be used;
(c) details of the number of people to be involved in the proposed street entertainment; and
(d) any other information requested by the local government.
6.4 Street entertainment licence
A street entertainment licence issued by the local government will include—
(a) a licence number;
(b) details of the location and equipment that can be used for the street entertainment;
(c) the days and permitted times for the street entertainment; and
(d) any other terms and conditions of the licence.
6.5 Term and validity of licence
6.5.1 A street entertainment licence remains valid until—
(a) the expiry time and date stated in the licence is reached;
(b) any public liability insurance policy required as a condition of the licence lapses, is cancelled
or is no longer in operation; or
(c) the licence is cancelled by the local government.
6.5.2 If any of the events specified in subclause 6.5.1 occur, then a new application for street
entertainment must be made and a new street entertainment licence issued before any street
entertainment can take place.
6.6 Responsibilities of licensee
6.6.1 The licensee of the street entertainment licence must—
(a) comply with the conditions of the street entertainment licence;
(b) not permit the street entertainment to extend beyond the specified portion of the public place
approved in the street entertainment licence;
(c) ensure that the conduct of street entertainment approved under the licence—
(i) does not prevent or impede pedestrian flow or access to and along footpaths, entry or
exit to shops and other buildings;
(ii) does not prevent or impede vehicular flow or access to and along any thoroughfare or
vehicular entry or exit to any shop or other building;
(iii) does not cause a nuisance to any other street entertainment or activity approved by the
local government;
(iv) unless otherwise approved, does not have more than 4 people participating in any one
performance;
(v) unless otherwise approved, does not include any person under the age of 14 years—
A. during school hours, on school days;
B. between 7.00pm and 6.00am;
(vi) does not include, involve or permit—
A. anything that is offensive or obscene;
B. the use of fire;
C. any weapon or object with sharp edges, including knives or swords;
D. any motorised machinery that emits a loud noise in its operation or is not
suitable in the location;
E. any other activity, object or matter whatsoever that endangers the safety of the
public or the performer; or
F. cruelty to an animal;
(vii) does not include any amplification unless specifically approved and endorsed on the
street entertainment licence;
(viii) notwithstanding sub-clause (vii), does not include any amplification between Monday to
Saturday, 10.00pm to 7.00am and Sundays between 10.00pm and 9.00am; and
(ix) complies at all times with the Environmental Protection (Noise) Regulations 1997;
(d) use the approved street entertainment area to perform during the days and times specified in
the licence or vacate that area;
394 GOVERNMENT GAZETTE, WA 16 January 2017
(e) produce the street entertainment licence when requested to do so by an authorised person;
(f) display—
(i) a sign indicating the name of the licensee and the licence number with letters and
numerals not less than 5 centimetres in height in a conspicuous place in the
performance location; or
(ii) standard business cards;
(g) if the licensee is a performing pavement or visual artist, return the performance location,
including the pavement surface, to its former condition on the completion of a performance;
and
(h) comply at all times with a direction of an authorised person.
6.6.2 A licensee of a street entertainment licence must not—
(a) reserve or attempt to reserve a performance location within the approved street
entertainment area or leave equipment at a location used for performances unless
immediately before, during or after a performance;
(b) trade any goods or services without a licence issued for that purpose;
(c) erect or display, or permit to be erected or displayed, at or near the performance location any
sign—
(i) larger than 0.25 square metres in area, displaying the name of the performance; or
(ii) standard business cards;
(d) perform in any one location for more than 60 minutes, unless specifically authorised in the
licence, unless the performance is by a pavement or visual artist; and
(e) if the licensee is a performing pavement or visual artist, use spray paint, crayons, felt tip
pens or other indelible materials unless working on paper or card.
6.7 Cancellation or variation of street entertainment licence
Without limiting clause 2.7, the local government may cancel or vary the terms and conditions of a
street entertainment licence in the event that—
(a) a complaint is received about a performance or the amenity of a performance location;
(b) an authorised person has concerns with the content or material used in the performance; or
(c) the licensee fails to meet any of the responsibilities detailed in clause 6.6.
PART 7—SECURED SUM
7.1 Security for restoration and reinstatement
7.1.1 The local government may require the payment of a bond, bank guarantee or other form of
security acceptable to the local government for the purpose of ensuring that a public area is repaired,
restored or reinstated.
7.1.2 A bond, bank guarantee or other form of security payable in accordance with subclause 7.1.1
may be required—
(a) as a condition of a licence;
(b) before the issue of a licence; or
(c) before the renewal or transfer of an outdoor dining licence, market licence or trading licence.
7.1.3 The local government will determine the amount payable as a bond, bank guarantee or other
form of security payable in accordance with subclause 7.1.1.
7.1.4 If a bond is paid under subclause 7.1.1, the local government must deposit the bond into an
account established by the local government for the purpose of holding bonds or other forms of
security.
7.2 Use by the local government of secured sum
7.2.1 If a licensee fails to carry out or complete the restoration and reinstatement works required by
the licence conditions or by a notice where the local government has given the licensee a notice
requiring such works to be carried out (“the required restoration and reinstatement work”)—
(a) within the time specified in those conditions;
(b) where no such time has been specified, within a reasonable period of time from the expiration
of the licence; or
(c) within 14 days of being given a notice or such other time as may be specified in the notice,
then the local government may carry out or cause to be carried out the required restoration and
reinstatement work or so much of that work that has not been completed.
7.2.2 The licensee must pay to the local government on demand all administrative, legal, contractor
and other costs actually incurred by the local government in carrying out and completing the required
restoration and reinstatement work.
7.2.3 The local government may apply the proceeds of any bond, bank guarantee or other security
provided by the licensee under clause 7.1 to meet the costs referred to in subclause 7.2.2.
7.2.4 The liability of a licensee to pay the costs referred to in subclause 7.2.2 is not limited to the
amount, if any, secured under clause 7.1.
16 January 2017 GOVERNMENT GAZETTE, WA 395
7.2.5 A person or a licensee is not entitled to make any claim by way of damages or otherwise, against
an authorised person, local government employee, local government appointed sub-contractor or other
person authorised by the local government to enter the land and carry out all or part of the required
restoration and reinstatement work.
PART 8—MISCELLANEOUS
8.1 Directions of authorised person
8.1.1 An authorised person may direct a person to stop doing anything which the authorised person
considers on reasonable grounds the person is in the process of doing, which is contrary to this local
law or the condition of a licence issued under this local law.
8.1.2 A person who is given a lawful direction under subclause 8.1.1 must comply with that direction.
8.2 Notice requiring works to be done to remedy breach
8.2.1 The local government may give notice to a licensee requiring the licensee—
(a) to rectify a breach of any condition or term of a licence or of a provision of this local law; or
(b) to change the arrangement or operation of an approved area considered necessary to
maintain public safety, facilitate public works to the public place or to protect the amenity of
premises adjacent to an approved area;
8.2.2 A notice issued by the local government under subclause 8.2.1 will—
(a) outline—
(i) details of the breach of the condition or term of the licence;
(ii) the provision of the local law; or
(iii) of the change in arrangement or operation required;
(b) require the licensee to remedy the breach or to change the arrangement or operation as
required within the time specified in the notice; and
(c) advise that where the licensee fails to comply with the requirements of the notice within the
time specified, the local government may remedy the breach or change the arrangement or
operation as required.
8.2.3 Where the licensee fails to comply with the requirements of the notice within the time specified
in the notice, the local government may by its employees, agents or contractors do all things necessary
to remedy the breach of the condition or term of the licence or of the provision of this local law or to
change the arrangement or operation which is required by the notice.
8.2.4 The local government may recover the expenses incurred in doing the works referred to in
subclause 8.2.3—
(a) by deducting the expenses from the secured sum (if any), and where the secured sum is less
than the expenses, the local government may recover the balance through a court of
competent jurisdiction; or
(b) from the licensee in a court of competent jurisdiction.
8.3 Notice to advise licensee of planned or emergency works
8.3.1 The local government will give 14 days notice of any works to be undertaken by the local
government, that will require closure, part closure or access to an approved area.
8.3.2 Where the local government is to carry out emergency works in an approved area, the local
government will give such a period of notice which it considers reasonable in the circumstances.
8.4 Works in public property
Where an applicant or a licensee is required to obtain the local government’s permission under
regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996, any licence
issued under this local law to the applicant or licensee will not be taken to be a grant of that
permission.
8.5 Serving of notice
Where a notice or other document is to be given to a person by the local government under this local
law, it may be given to the person—
(a) by delivering it to the person personally;
(b) where the person is an applicant or a licensee, by posting it by prepaid post to or leaving it at
the address appearing on the application for a licence or the licence; or
(c) where the person is not an applicant or a licensee, by posting it by prepaid post to or leaving
it at the usual or the last known place of residence or business of the person.
8.6 Public liability insurance and indemnity
8.6.1 Where as a condition of a licence, the licensee is required to obtain public liability insurance,
this public liability insurance must indemnify the local government against all actions, suits, claims,
damages, losses and expenses made against or incurred by the local government arising from any
activity, action or thing performed or erected under the licence.
396 GOVERNMENT GAZETTE, WA 16 January 2017
8.6.2 The public liability insurance policy referred to in subclause 8.6.1 must be kept current for the
duration of the licence and—
(a) must be in the name of the licensee and the local government for a minimum value of
$5,000,000 or such other amount as the local government considers appropriate to the risk
involved;
(b) include a clause which prevents the policy from being cancelled without the written consent
of the local government;
(c) include a clause which requires both the licensee and the insurance company to advise the
local government if the policy lapses, is cancelled or is no longer in operation; and
(d) be available for inspection by an authorised person.
8.6.3 A licensee who refuses or cannot provide a current certificate of insurance within 2 working days
of a request under subclause 8.6.2(d) commits an offence.
PART 9—OFFENCES AND PENALTIES
9.1 Offences
9.1.1 A person who fails to do anything required or directed to be done under this local law, or who
does anything which under this local law that person is prohibited from doing without reasonable
excuse, commits an offence.
9.1.2 Whenever the local government gives a notice under this local law requiring a person to do
anything, if the person fails to comply with the notice, the person commits an offence.
9.1.3 A person who commits an offence under this local law will be liable, upon conviction, to a
penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not
exceeding $500 for each day or part of a day during which the offence has continued.
9.2 Prescribed offences and modified penalties
9.2.1 An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of
section 9.16(1) of the Act.
9.2.2 The amount appearing in the final column of the table in Schedule 1 directly opposite an offence
described in Schedule 1 is the modified penalty for that offence.
9.2.3 If the offence is of a continuing nature, the modified penalty of $50 applies for the offences
described in Schedule 1 for each day or part of a day during which the offence continues following the
issue of an infringement notice for the amount calculated in accordance with subclause 9.2.2.
SCHEDULE 1
PRESCRIBED OFFENCES AND MODIFIED PENALTIES
[cl 9.2]
Item
No.
Clause No. Nature of Offence Modified
Penalty
$
PART 3—OUTDOOR DINING
1 3.1 Establishing an outdoor dining area in a public place without
an outdoor dining licence.
250
2 3.7.1(a) Failing to comply with conditions of outdoor dining licence. 150
3 3.7.1(b) Permitting operation of outdoor dining area to extend beyond
approved area.
150
4 3.7.1(c) Failing to manage outdoor dining area in accordance with
approved management plan.
150
5 3.7.1(d) Failing to keep licenced area free of any obstacle or matter
likely to cause injury to persons or property.
150
6 3.7.1(e) Failing to ensure furniture or equipment remains in
approved outdoor dining area and does not impede
pedestrian flow.
150
7 3.7.1(f) Failing to repair damage to surface area, fixtures, fittings or
utility services caused by operation of an outdoor dining
area.
150
8 3.7.1(h) Failing to ensure trading in outdoor dining area is limited to
operating hours stated in licence.
150
9 3.7.2 Failing to remove all equipment, structures and other things
and reinstate area to satisfaction of local government on
cessation of licence and pay reinstatement costs.
150
PART 4—MARKETS
10 4.1 Setting up or conducting market without licence. 250
11 4.6.1(a) Failing to comply with conditions of market licence. 150
16 January 2017 GOVERNMENT GAZETTE, WA 397
Item
No.
Clause No. Nature of Offence Modified
Penalty
$
12 4.6.1(b) Permitting operation of market area to extend beyond
approved market area.
150
13 4.6.1(c)(i) Failing to obtain approval from local government and Police
to close public thoroughfare where market held during
market times.
150
14 4.6.1(c)(ii) Failing to make adequate refuse collection arrangements to
satisfaction of local government.
150
15 4.6.1(c)(iii)A. Failing to obtain approval under Health (Public Buildings)
Regulations 1992—Certificate of Approval.
150
16 4.6.1(c)(iii)B. Failing to obtain approval under Health (Public Buildings)
Regulations 1992—Certificate of electrical compliance.
150
17 4.6.2(a) Failing to maintain pedestrian access through and beyond
approved market area.
150
18 4.6.2(b) Failing to maintain access to adjacent building entries. 150
19 4.6.2(c) Failing to retain access to existing or approved outdoor
dining areas with adjacent building entries.
150
20 4.6.2(d) Failing to maintain adequate access for emergency vehicles
through any thoroughfare of the approved market area.
150
21 4.6.2(e) Failing to stabilise all stalls and furniture and other
equipment used in operation of market and remove same
when not in use.
150
22 4.6.2(f) Failing to maintain noise levels from music, announcements
and the like so as not to cause a nuisance.
150
23 4.6.2(g) Failing to maintain approved market area clean and free
from rubbish.
150
24 4.6.3 Failing to remove all structures and equipment at conclusion
of market.
150
PART 5—TRADING
25 5.1 Trading without a licence. 250
26 5.7.1(a) Failure to comply with conditions of trading licence. 150
27 5.7.1(b)(i) Failing to display sign indicating licensee name and licence
number.
100
28 5.7.1(b)(ii) Failing to have approved trading area attended when
trading.
100
29 5.7.1(b)(iii) Failing to keep any stall in clean, safe condition and good
repair.
150
30 5.7.1(b)(iv) Failing to keep approved trading area free from refuse and
rubbish.
150
31 5.7.1(b)(v)A. Failing to remove any stall, goods, equipment and signs and
leave approved trading area clean at conclusion of operation
hours.
150
32 5.7.1(b)(v)B. Failing to remove any stall, goods, equipment and signs and
leave location vacant whenever trading is not taking place.
150
33 5.7.1(c) Failing to have licence available at all operation times for
inspection at the request of any authorised person.
100
34 5.7.2(a) Trading beyond approved trading area. 150
35 5.7.2(b) Trading in any goods or services not specified in the licence. 150
36 5.7.2(c) Causing or permitting any nuisance to exist, arise, or
continue from the approved trading area.
150
37 5.7.2(d) Depositing, placing or storing any goods on any public place
other than the approved trading area.
150
38 5.7.2(e) Obstructing free passage of pedestrians on footpath or access
way.
150
39 5.7.2(f) Using, displaying or permitting advertisement outside
licence location, larger than approved size.
150
40 5.7.2(g) Erecting and maintaining signs so as to obscure other
signage on or adjacent to the approved trading area.
150
41 5.7.2(h) Crying out or shouting about goods or services in public
place.
150
398 GOVERNMENT GAZETTE, WA 16 January 2017
Item
No.
Clause No. Nature of Offence Modified
Penalty
$
42 5.7.2(i)A. Using or permitting use of loud hailer, microphone, amplifier
or other sound apparatus, on approved trading area without
approval.
150
43 5.7.2(i)B. Using or permitting use of any record, tape, radio or musical
instrument capable of being heard outside approved trading
area without approval.
150
44 5.7.2(i)C. Using or permitting use of any flashing or intermittent
lighting apparatus or device on or from approved trading
area.
150
45 5.7.2(i)D. Using or permitting use of any apparatus to increase
dimensions of a stall beyond that specified in the licence.
150
PART 6—STREET ENTERTAINMENT
46 6.1 Engaging in street entertainment without a licence. 250
47 6.6.1(a) Failing to comply with conditions of street entertainment
licence.
150
48 6.6.1(b) Permitting street entertainment to extend beyond area
approved as part of the licence.
100
49 6.6.1(c)(i) Permitting the performance to impede pedestrian flow or
access to and along footpaths, entry or exit to shops or other
buildings.
150
50 6.6.1(c)(ii) Permitting the performance to impede vehicular flow or
access to and along any thoroughfare or vehicular entry or
exit.
150
51 6.6.1(c)(iii) Permitting the performance to cause a nuisance to any other
street entertainment or activity approved by the local
government.
150
52 6.6.1(c)(iv) Having more than 4 people participating in any performance
without approval.
150
53 6.6.1(c)(v)A. Permitting the performance to include persons under 14
years of age, during school hours on a school day, without
approval.
150
54 6.6.1(c)(v)B. Permitting the performance to include persons under
14 years of age on school days between 7.00pm and 6.00am,
without approval.
150
55 6.6.1(c)(vi)A. Permitting the performance to involve anything that is
offensive or obscene.
150
56 6.6.1(c)(vi)B. Permitting the performance to involve the use of fire. 150
57 6.6.1(c)(vi)C. Permitting the performance to involve any weapon or object
with sharp edges, including knives or swords.
150
58 6.6.1(c)(vi)D. Permitting the performance to involve any motorised
machinery which emits a loud noise or is not suitable for the
location.
150
59 6.6.1(c)(vi)E. Permitting the performance to involve any activity, object or
matter whatsoever that endangers the safety of the public or
performer.
150
60 6.6.1(c)(vi)F. Permitting the performance to involve cruelty to animals. 150
61 6.6.1(c)(vii) Permitting the performance to include amplification without
specific approval.
150
62 6.6.1(c)(viii) Permitting the performance to include amplification outside
permitted times.
150
63 6.6.1(d) Failing to use the approved street entertainment area to
perform during the days and times specified or vacate that
area.
150
64 6.6.1(e) Failing to produce the licence when requested by an
authorised person.
100
65 6.6.1(f)(i) Failing to display the name of the licensee and licence
number during each performance.
150
66 6.6.1(g) Failing to return the performance location to its former
condition.
150
67 6.6.1(h) Failing to comply with direction of an authorised person. 150
16 January 2017 GOVERNMENT GAZETTE, WA 399
Item
No.
Clause No. Nature of Offence Modified
Penalty
$
68 6.6.2(a) Reserving or leaving equipment at performance location
unless immediately before, during or after performance.
150
69 6.6.2(b) Trading any goods or services without licence for the
purpose.
150
70 6.6.2(c)(i) Erecting or permitting to be erected or displayed a sign
larger than specified.
150
71 6.6.2(d) Performing in same location for more than 60 minutes
without approval.
150
72 6.6.2(e) Use of spray paint, crayons, textures or other indelible
materials, by a pavement or visual artist unless working on
paper or card.
250
73 8.1.2 Failure to comply with a lawful direction under subclause
8.1.1.
200
————
Dated: 11 January 2017.
The Common Seal of Shire of Broome was affixed by the authority of a resolution of Council in the
presence of—
R. J. JOHNSTON, Shire President.
S. MASTROLEMBO, Acting Chief Executive Officer.
———————————