Warragul & Drouin Gazette

12 month permit to sell roadside berries

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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.

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