Who needs a Commercial Activity Licence?
Who does not need a Commercial Activity Licence?
What is Council Land?
Annual Commercial Activity Licence
Temporary Commercial Activity Licence
How close can I operate to another business?
How to apply for a Commercial Activity Licence?
Transfer of Commercial Activity Licence (Sale of Business)
Cancelling a Commercial Activity Licence
Busking within the Gladstone Region
Footpath Dining & Display of Goods

Commercial Activities on Council Land may require approval under Local Law No. 1 (Administration) 2011 to operate. Further information can be found in the Commercial Activities on Council Land Policy

Who needs a Commercial Activity Licence?

Council regulates vendors wishing to operate on Council land to ensure these activities are carried out in a safe manner for all members of the public, as well as ensuring access to limited public spaces and beaches is balanced. 

Under Council's Local Laws, the following activities require an approval prior to operating: 

• Commercial beach activities (surf schools)
• Commercial fitness activities (bootcamps, organised aerobic activities)
• Mobile roadside vending (hail only)
• Stationery vending
• Other (laser skirmish, sports classes).

All commercial uses are included in the approval requirements. If you believe your activity may require an approval but doesn't fit within the above categories contact Council to seek advice

Who does not need a Commercial Activity Licence?

• personal training sessions where five individuals or less are participating
• activities of minimal use that occur ancillary to a permanent facility
• commercial activities on National Parks, land and waterways that are controlled directly by the State, including schools, private land and any other land and waterways that Council does not control unless the State Government has specifically granted such control over those areas to Council
• activities associated with private functions e.g. photographers, party goods hire
• commercial activities where the activity operates in conjunction with the lessee and is only operating during the time the land is used for its primary purpose.

The following activities do not require an approval to operate, unless they fall outside the set minimum standards outlined in the Commercial Activities on Council land Policy based on Subordinate Local Law no. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2016:

• Busking
• Footpath dining & display of goods for sale on footpath
• Main Roads Land is managed by the Department of Transport and Main Roads (DTMR) and includes all highways. Permission is required from the department to operate on their land.

What is Council Land?

Council is responsible for managing the following types of land:

• Freehold and leasehold lands (sports fields)
• Public open space (including waterways) that has been set aside for the community by the State, where Council is trustee (the Duck Ponds on Glenlyon Road)
• Public open space (including waterways) that has been set aside for the community by Council (Tondoon Botanical Gardens)

Annual Commercial Activity Licence

Annual commercial activity approvals are renewable and expire on 30 June each year. Annual fees are applied pro-rata, therefore if you apply for a new approval at a different time during the financial year, you will receive a discounted annual fee based on the quarter of the year in which the application was made. Approvals may also be transferred upon sale of the business.

Temporary Commercial Activity Licence

Temporary commercial activity approvals are available for application of short-term permits, for a maximum of three months from start of the approval. If your activity changes you will be required to submit another application. To continue your activity, you are required to apply for another application or seek an annual approval.

How close can I operate to another business?

For mobile and stationary vending, applicants must be aware of other approved fixed and mobile operators already existing in the area.  The following table outlines the proximity for activities that compete with activities offering ‘like-for-like’ menu items. 

‘Like-for-Like’ means the applicant wanting to sell or carry the supply of goods and services is similar in nature to other approved operators in the area.

How to apply for a Commercial Activity Licence?

This section applies to proposed new or alterations to existing approvals. Prior to applying to operate a new commercial activity on Council land or alter existing premises, please ensure any relevant planning, trade waste, building and/or plumbing approvals have been granted.

Application submission

An application for approval is to be made to Council via Online Services along with the relevant fee, documentation and plans. Your application will not be accepted or processed without the required information being completed, applicable fees paid and all necessary documentation attached. 

You must address each of the following guiding principles:

• Community use of the area takes precedence
• Alignment with Council’s vision and strategic direction outlined in Council’s Corporate Plan
• Use of the community land must provide community benefits
• Use of the community land must have limited impacts
• Compliance with other agencies requirements e.g. land management plans, approval with State Government Agencies
• Annual approvals – approval does not grant exclusive use or ongoing rights to the approved area.

Applicants are required to have a Public Liability Policy to the value of $20,000,000 with Council identified as an Interested Party for the proposed activity. 

Amendment form

Commercial Activity Permit – Amendment Form

Application assessment

Council's Environmental Health Unit will assess the application against the relevant requirements of the Local Law No. 1 (Administration) 2011, Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011 and any relevant Council Policies. If additional information is required, an Environmental Health Officer will contact you to discuss further. A determination on your application will be made to see if your activity is suitable in the area proposed, for which you will be notified in writing and invoiced for the applicable annual licence fee.

Are you wanting to operate as a mobile or stationary vendor?

You will be required to address the following in your application:

• How the activity contributes to providing local employment
• Whether the goods or items are supplied by local suppliers
• Whether the goods or services proposed are needed to meet public demand.

Approval for Stationary Vending Applications is granted by Council Resolution and can take up to eight weeks.

A commercial occupation of Council land fee is also required for stationary vending. This will be invoiced with your annual licence fee and consists of a fee per day of operation, as determined by your application.

Approval to operate (obtaining a Commercial Activities Licence)

Annual licence invoice

Your approval to operate will be sent to you once the relevant annual fee has been received. Approvals are granted with conditions relevant for the respective activities based on the conditions outlined in Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011 and the activities proposed.

Licence approval

After payment is made to Council, you are required to notify Council's Environmental Health Unit with the details of payment. Your approval to operate will be sent to you once Council receives notification of payment. 

Annual licence renewal

Your approval to operate is generally renewed each financial year.  You will be required to contact Council prior to April if your postal address has changed, to ensure your renewal letter and invoice reaches you within the allocated timeframe. You are also required to advise Council if you are selling your business or transferring your Commercial Activity Licence into another person and/or company’s name. See Transfer of Commercial Activity Licence.

The annual renewal process allows 60 days for payment and renewal to be approved. This occurs prior to your current license expiring on 30 June. Payments received after the due date will be subject to an overdue fee and penalties may apply for operating without a licence.

Transfer of Commercial Activity Licence (Sale of Business)

This section applies to businesses that have undergone a sale and have new owners.

Applying to transfer an approval

Transferring an existing licence approval into a new owner’s name requires the licensee details for the premises to be amended and confirmation the operation of the activities will continue by the new owners.  The relevant form and transfer fees are to be submitted to Council. 

The transfer cannot be approved without the previous licensee’s signature on the amendment form. If you cannot obtain the previous licensee’s signature you must must complete a Statutory Declaration stating why and submit with your amendment form.

Issuing the approval to operate

Your approval to operate will be sent to you once the transfer  application form has been assessed. Transfer of approvals that propose different activities than those approved under the existing approval will need to apply for and undergo an ‘amendment’ to the licence. 

Cancelling a Commercial Activity Licence

If you are no longer operating and you wish to cancel your license, you must place your request in writing to Council and return your original Commercial Activity Licence for the current financial year. Photocopies or scanned/email copies of the license will not be accepted.

Busking within the Gladstone Region

Busking within the Gladstone Region local government area does not require a permit approval unless the activity is outside of the minimum standards outlined within Subordinate Local Law 1.2. The busking activity must be kept to Council footpaths at all times unless approval is obtained from private property owners.

Requirements

Buskers operating on the footpath must ensure they meet and follow the below requirements:

• Take all reasonable steps to protect the safety of people who may be involved in or affected by the busking.
• Ensure that the busking does not cause a nuisance; create a road safety risk; create or increase any existing traffic nuisance or detrimentally affect the efficiency of the road network or the amenity of the neighbourhood.
• Ensure all facilities and equipment used is maintained in good working order and remains clean and sanitary.
• Must not use amplification devices in conjunction with the busking activity if it causes a nuisance. Buskers must ensure the noise level does not unreasonably intrude into nearby shops or interrupt the trade of any local businesses.
• Do not obstruct the use of the footpath for pedestrians; be within 10m of an intersection or pedestrian crossing or be in a position that interferes with pedestrian flow, public amenities or obstruction to any delivery vehicles.
• Must be dressed in a clean and presentable manner.
• Must leave and maintain the place in a neat and tidy condition at all times.
• Operators cannot display signage in conjunction with the busking or offer goods/ services for sale or display.
• Street furniture is not to be utilised for the purpose of busking.
• Must ensure no dangerous good or instrument, animal, reptile or birds are used, that you do not mimic, upset or offend any person, and are not abusive, offensive or behave in an indecent or abusive manner.
• Those under the age of 15 years must be supervised by an adult at all times and those between the ages of 15 to 17 years must be supervised by an adult between 6pm and 10pm.

Footpath Dining & Display of Goods

Footpath dining and display of goods within the Gladstone Region local government area does not require a permit approval unless the activity is outside of the minimum standards outlined within Subordinate Local Law 1.2.

The activity must adhere to the below requirements:

• Footpath dining must be limited to the footpath adjoining or in the vicinity of a licenced café, restaurant, takeaway food shop or similar premises which are operated by the person undertaking the activity.
• The sale of goods must be limited to the footpath which is adjoining or in the vicinity of the retail premises selling the goods.
• The area utilised for the footpath dining and/or display of goods must keep and maintain a clear unobstructed pedestrian corridor of a distance no less than 1.5m.
• Remove all structures including goods for sale, tables, chairs, fixtures, fittings and equipment when the premise is closed.
• Keep and maintain the area utilised for footpath dining and display of goods in a clean, sanitary and tidy condition at all times including all tables, chairs, fixtures, fittings and equipment.
• Keep and maintain waste bins (waste disposal facilities) within the utilised area and, ensure the removal of waste from bins to minimise overflow.
• Only use furniture which is in an aesthetically acceptable condition and proper state of repair.
• Regularly clean the area during business hours and daily after close of business.
• No umbrella is to be utilised in the footpath dining area unless it has a clearance more than 2m above ground level and is securely anchored to the ground.
• The display structure is to be a safe construction and in good condition and repair.
• The goods for sale are to be displayed in an orderly and sightly condition.
• Footpath dining and display of goods must not cause a nuisance, create a road safety risk or interfere with the use, enjoyment or personal comfort of any user of the area.

Insurance Requirements

• You must hold Public Liability Insurance of no less than $20 million and be issued by an entity licensed under the Insurance Act 1973.
• Your Policy must provide indemnity for each individual occurrence, and against property damage and must have Council listed and insured as a third party beneficiary.
• You must be able to produce a copy of each insurance policy on demand by an Authorised person.

If the footpath dining is outside the minimum standards outlined above, the business owner will be required to submit an application for approval to Council.

For further information or enquiries please contact Council’s Environmental Health Unit on (07) 4970 0700