Footpath Trading


Footpath Trading Code of Practice

All local traders must comply with the Footpath Trading Code of Practice, to ensure there is clear, safe and unobstructed access for pedestrians of all abilities on Hobsons Bay's footpaths.

The code also complies with regulations set out in the Commonwealth Disability Discrimination Act 1992 by providing a set clear way for people with a disability.

The code requires restaurants, cafes and bars to provide an adequate number of toilet facilities depending on their seating capacity, which is also in accordance with the Building Code of Australia.

The code focuses on four key principles:

  • safety and accessibility - that a safe and unobstructed access to the footpath area is available
  • community amenity - the footpath and adjacent areas is protected and enhanced
  • design considerations - the appearance of any structures associated with footpath activity are appropriate and in keeping with the Council’s urban design and heritage controls 
  • hygiene considerations - the hygiene and cleanliness of the footpath areas is maintained.

Download the Footpath Trading Code of Practice(PDF, 586KB).

Footpath Trading Permits

Under the code, traders must obtain a permit to place advertising signs, display of goods, tables with chairs, heaters, screens, planter boxes and street furniture on footpaths. A person who fails to obtain a permit for a footpath activity is guilty of an offence under the Council’s Community Local Law.

Footpath Trading Permit Application Form.

Windproof Ashtrays

Businesses with outdoor dining must provide windproof ashtrays to patrons at all times and regularly remove all cigarette butts and dispose of them in the bins kept inside the premises.

Failure to provide suitable windproof ashtrays may result in the cancellation of the permit. Permit holders found sweeping cigarette butts into the gutter immediately forfeit all rights to trade on the footpath.

Further Information

For more information about the code of practice call the Local Laws unit on 9932 1000.

To find out how to purchase additional windproof ashtrays contact the Environmental team on 9932 1000.