12 month permit to sell roadside berries

A Brandy Creek woman has been given a 12 month permit to operate her roadside trading business in Warragul.

Despite initial concerns by officers, council staff have now issued a 12 month permit to Elizabeth Wishart to sell berries from land near the Exhibition Hall.

Councillors are currently waiting for a report to be presented by officers on roadside trading in the shire.

Cr Danny Goss raised the issue in February in response to concerns about a roadside trader in South Rd, Warragul.

Cr Goss called on officers to investigate all aspects of roadside trading in the shire.

He said the report should particularly focus on fees to ensure fair and equal competition between traders.

When council considered the matter, Ms Wishart asked council a number of questions on notice.

At the time officers did not have answers to her questions. At council’s meeting last week, interim chief executive officer Phil Cantillon provided a response to her queries.

Ms Wishart asked why a restriction of trade had been placed on her permit to sell only berries but not flowers and plants as per her application.

Mr Cantillon said the conditions imposed on the previous permit restricting the types of goods allowed for sale were imposed by reference to the level of insurance provided as part of the application. “The insurance to cover the street trading was limited to ‘roadside berry sales’. It did not extend to the roadside sale of any other product.

“As the insurance provided did not cover the sale of plants or flowers, it was determined that permitting the sale of such items exposed council to liability.

“As such, we are satisfied that, by issuing the permit with restrictions consistent with your insurance policy was permissible and would not be considered to be in breach of Australian Competition and Consumer Commission requirements,” he said.

Ms Wishart asked why her application for a yearly permit for roadside trading under current council regulations\policy been denied.

Mr Cantillon said council needed to consider the impact the proposed activity would have on the location from both a public amenity and public safety perspective.

“Council officers have considered that a 12 month permit could impact on a council asset (the road) and create safety issues for users of the road, particularly during the wet periods of the year.

“Specifically, there is the potential for the roadside to become water logged, wet and muddy and the use of the roadside during this time creates concerns for personal safety of road users and potential damage to the nature strip.

Despite this, Mr Cantillon said council staff issued a 12 month permit, after being satisfied no such safety or amenity issues arise.

Ms Wishart asked what council rates and fees were applicable to a section of nature strip that was a 2.5 metre by 2.5 metre area.

Mr Cantillon said roadside trading fees were not based on the space used but the length of the permit.

“These fees and charges are subject to review and placed on public exhibition annually,” he said.

The current roadside trading permit fees are $250 for one month, $1100 for six months of $1500 for an annual fee.

The report to be presented to council will review policies of other Gippsland councils.