Online Form - Busselton Foreshore Kiosk – Trading Permit Application

Busselton Foreshore Kiosk Trading Permit - Conditions of Approval

The following terms and conditions will apply if the application is approved and a Busselton Foreshore Kiosk Trading Permit is issued. If the Permit Holder does not comply with the permit terms and conditions the City of Busselton will revoke and remove the permit.

1. The Permit Holder must only undertake the Permitted Trading Activity.
2. The Permit Holder must trade during the minimum trading hours and trading periods, outlined in the application.
3. The Permit Holder must comply with the City of Busselton's Activities in Thoroughfares and Public Places and Trading Local Law 2015; and Local Government Property Local Law 2010.
4. The Permit Holder is responsible for compliance with the Environmental Protection (Noise) Regulations 1997.
5. Unless otherwise approved, solicitation of customers by touting or the use of public address systems is prohibited.
6. The Permit Holder must maintain the kiosk area in a clean and tidy condition at all times, remove and dispose of rubbish at the end of the day and not store rubbish outside the kiosk during the day. All rubbish is to be removed from the Busselton Foreshore and not placed in the foreshore waste bins.
7. The Permit Holder must not permanently affix / display any advertisement, placard, poster, streamer, sign or signboard external to the kiosk, except for business name / logo signage in accordance with signage guidelines (no screwing, nailing, or drilling).
8. The Permit Holder is responsible for maintaining internal fittings which must be maintained to a high standard.
9. The Permit Holder must not park a vehicle or structure containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles.
10. The Permit Holder must maintain a minimum of $10 million Public Liability Insurance. The policy must be able to meet any possible claim which may be sustained against the Permit Holder or the City of Busselton in relation to the death or injury to any person or property arising out of any activity authorised by the permit.
11. The Permit Holder indemnifies the City of Busselton and covenants and agrees to keep the City of Busselton indemnified from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the City of Busselton may suffer or incur in connection with loss of life, personal injury or damage to property arising from the conducting of the Permitted Use or out of any occurrence in, upon or at the Premises or the use by the Permit Holder of the Premises or to the property of any person using or entering or near the Premises or occasioned (wherever it may occur) wholly or in part by any act, neglect, default or omission of the Permit Holder, its employees, agents, contractors, customers, members or any other person or persons using or upon the Premises with its consent or approval expressed or implied.
12. If the Permit Holder is selling food the Permit Holder must comply with the requirements of the Food Act 2008 and display their Certificate of Food Business Registration in the kiosk at all times.
13. Should the Permit Holder seek to do other / additional internal fit out, the Permit Holder must seek prior approval from the City of Busselton.
14. The Permit Holder is responsible for restoring the kiosk to its original working order at the end of the permit period, including emptying the kiosk of all additional fixtures, fittings and goods.
15. The Permit Holder is responsible for ensuring internal fit out and goods inside the kiosk area including basic cabinetry, (excluding external structure of the kiosk)
16. The Permit Holder agrees that electricity and water consumption costs will be charged on an average usage basis to be determined with the Permit Holder relative to the Permit Holder’s usage operations.
17. The Permit Holder is to ensure all furniture and equipment is to be contained within the kiosk structural area.
18. Steel awnings with gas struts and container style door openings on one end are provided as permanent components of the kiosk, no additional security fixings are to be installed by the permit holder.
19. The Permit Holder is responsible for the replacement cost of any lost or damaged keys (a Key Bond is required as determined in the City of Busselton Annual Schedule of Adopted Fees and Charges).
20. The kiosks have a standard signage design including sign fixtures. The Permit Holder is required to supply a corflute sign that fits with fixtures provided and the signage design will be in accordance with signage guidelines provided by the City of Busselton.
21. The Permit Holder must not display any temporary signage including A frame, T frame or tear drops external to the kiosk.
22. The Permit Holder is responsible for all non-structural maintenance and repair of the kiosk in consultation with the City of Busselton.
23. The Permit Holder is responsible for the cleaning of the kiosk including external surfaces and maintaining the area surrounding the kiosk in a neat and tidy condition and reporting graffiti to the City of Busselton.
24. Permit holders are responsible for permit holders right of entry and indemnities.
25. The Permit Holder will be required to obtain at its own cost any/all permits/authorisations/approvals for the proposed kiosk operation.
26. Occupation of the kiosks may be subject to the application and approval of any necessary environmental, occupational health and licensing approvals.
27. The Permit Holder must only sell goods as outlined in the permit.
28. The Permit Holder accepts that the City of Busselton can contact you to organise a routine inspection, a minimum two weeks prior notice will be provided to the Permit Holder.
29. Upon the Permit Holder vacating the kiosk, the City of Busselton will conduct a final inspection of the kiosk, the City of Busselton has the right to release the kiosk bond providing the kiosk is left in neat and tidy / original condition.
30. The City of Busselton may apply the bond towards the cost of complying with the Permit Holder’s obligations or paying for any arrears, loss, damage and/or cost incurred by or on behalf of the City of Busselton in rectifying any default by the Permit Holder in observing or performing any of the Permit Holder’s covenants or obligations expressed or implied in this Permit.
31. Unless the contrary intention appears:
    (a) words and expressions in this Terms and Conditions shall have the same meaning as corresponding words and expression used in the relevant Application for Permit and this Permit;
    (b) words denoting the singular include the plural and vice versa;
    (c) words denoting a gender include each gender; and
    (d) reference to a person includes a natural person, partnership, joint venture, association, or corporation and a government or any governmental, local authorities and agencies.