Street vending and charity fundraising

Cessnock City Council aims to support the use of footpaths in public road reserves by assessing applications and granting consent for street vending and fundraising, conducted by, or on behalf of, registered Australian charities or local community support groups.

Definitions

Fundraising: Seeking donations in support of a registered Australian charity or local community support group that may impact on the normal movement of persons and vehicles within the road reserve.

Local Community Support Groups: Groups or organisations that support local community activities such as sport, the arts, faith, horticulture, social and environmental activities.

Public Road Reserve: Public space between property boundaries including travel and parking lanes, road shoulder, verge, gutter, footpath, and nature strip.

Registered Australian Charity: An entity that is registered with the Australian Charities and Not-for-profits Commission (ACNC) as a charity. A charity must be not-for-profit, have a charitable purpose and be for the public benefit.

State Roads: Roads classified by Transport for NSW due to their hierarchy in the road network and traffic volumes.

Street Vending: Sale of food or goods on the footpath or nature strip.

The Applicant: The Applicant is the property owner, developer or contractor/person/company undertaking the work, and is seeking consent to do so.

Consent from Cessnock City Council

As the Road Authority, Council is responsible for, and gives consent to, events or activities that may impact on all roads. Consents for street vending and fundraising are issued under Section 139A of the NSW Roads Act 1993, with relevant conditions.

Typical fundraising:

  • Selling food such as cake stall, sausage sizzle etc.
  • Selling tickets for raffles, chocolate wheels etc.
  • Seeking donations

Other approvals related to street vending or fundraising activities, such as the preparation, storage and serving of food, may be required by Council.

Consent from other agencies

Prior approvals may also be required from other authorities, such as the registered Australian charity and the NSW Police Force, before Council's consent under the Roads Act is issued.

Charitable Organisation – Authority to Fundraise: For events or activities involving fundraising, an Authority to Fundraise document is required to be provided by the registered Australian charity.

NSW Police Force – Notification to Hold Public Assembly: Where more than five (5) people will gather and remain within the public road reserve or on a road related area in close proximity, a Form 1 - Notice of Intention to Hold a Public Assembly, in accordance with the NSW Summary Offences Act 1988 and provisions of the NSW Crimes Act 1900, is required. The form should be completed and can be lodged at any local Police Station.

Requirements

Dates, times and details: You need to supply detailed information that will allow Council to determine the impact of your activities on other road users.

Risk Management: Street Vending is undertaken at the risk of the organiser. You are required to prepare a Risk Assessment using a Risk Assessment Worksheet to identify issues such as:

  • Inherent safety hazards and risks on the site
  • Access restrictions and obstacles that may impact road users
  • Need for a Traffic Control Plan
  • Measures to eliminate or mitigate the risk of harm or injury
  • Measures to eliminate or mitigate the risk of loss, amenity, or inconvenience
  • Nomination controller of the site

Public Liability Insurance: To have an activity on a public road reserve, you must have insurance to cover the general public as well as all vehicles and pedestrian use. You are required to provide a Certificate of Currency for Public Liability Insurance stating:

  • Name of the applicant or contractor
  • The location
  • For construction work in the road reserve
  • The intended period of the work
  • Cover should be not less than $20 million for all State Road locations
  • Cover should be not less than $10 million for all Regional and Local Road

Removal of Rubbish: Details of collection and removal of rubbish from the site.

Site Diagram: A diagram to show the location, size of tables, displays, space for pedestrians, access to properties and impacts on parking and traffic.

Concurrence from Adjacent Businesses: For events or activities involving fund raising on footpaths in front of active business premises, evidence in writing of consultation and concurrence of the adjacent business owners/operators is required.

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