Event and Function Permit Application- Council land

1. PERMITTED ACTIVITY

   1.1 This Permit allows the holder to undertake the Permitted Activity at the Location during the Permit Period only.

   1.2 When conducting the Permitted Activity, the Permit Holder must not:

   a) charge admission fees in connection with their Permitted Activity without Council’s prior written consent;
   b) erect any structures such as marquees or gazebos at the Location without Council’s prior written consent;
   c) use pegs or stakes to secure freestanding items (only weights or sandbags may be used);

   d) use any electrical equipment which has not been tested and tagged;

   1.3 This Permit does not grant the Permit Holder exclusive use of the Location during the Permit Period.  The Permit Holder acknowledges and agrees that there may be other users of the Location during the Permit Period.
    

2. PERMITS AND OTHER CONSENTS

The Permit Holder acknowledges that this Permit only authorises them to hold an event or function on Council land and that they may need to obtain other permits or consents from Council, such as a Planning Permit under the Planning and Environment Act 1987 to display signage in connection with the Permitted Activity, or an Occupancy Permit for a Place of Public Entertainment or Temporary Siting Approval under the Building Act 1993.

3. SAFETY AND RISK MANAGEMENT

   3.1 The Permit Holder must submit a risk assessment with its Permit Application and must comply with the plan as approved by Council at all times when at the Location.

   3.2 ​​​​​​​Immediately prior to undertaking the Permitted Activity, the Permit Holder must undertake a safety inspection at the Location and must immediately notify Council of any hazards or risks identified during this inspection.

   3.3 ​​​​​​​The Permit Holder must, as soon as is reasonably practicable in the circumstances, notify Council of any incident, accident, injury, damage or loss that occurs at the Location while conducting the Permitted Activity.

   3.4 ​​​​​​​The Permit Holder must not do or allow any thing to be done while conducting the Permitted Activity which, in the opinion of Council, may be a risk to any person or property.
    

4. ENGAGEMENT OF THIRD PARTIES

   4.1 The Permit Holder must advise Council of any third parties it is engaging in connection with their Permitted Activity.

   4.2 ​​​​​​​All third parties engaged by the Permit Holder must hold and maintain public liability insurance in a minimum sum of $20 million per single event and a copy of their certificate of currency must be provided to Council on request.

   4.3 ​​​​​​​All third parties engaged by the Permit Holder to provide or sell food and/or drinks must be registered with Foodtrader (foodtrader.health.vic.gov.au).  Evidence of this registration must be provided to Council on request.

   4.4 ​​​​​​​If Council advises that a third party engaged by the Permit Holder must provide a Job Safety Analysis (JSA) and/or Safe Working Method Statement (SWMS), this documentation must be provided not less than 10 business days prior to the event date.  If the Permit Holder does not provide this documentation within this timeframe, the third party will not be permitted to operate at the Permit Holder’s event or function.
    

5. DAMAGE AND REINSTATEMENT

   5.1 The Permit Holder must not damage, remove or otherwise interfere with Council’s property or assets at the Location.  The Permit Holder is responsible for all costs associated with the repair or replacement of any Council property or assets.

   5.2 ​​​​​​​The Permit Holder must ensure that at the end of the Permit Period, the Location and vicinity are left clean and tidy with all rubbish and materials removed, free from damage and that all non-Council items and equipment associated with the Permitted Activity have been removed (‘reinstatement’).

   5.3 ​​​​​​​Where the reinstatement of the Location is not to the satisfaction of Council, Council will advise the Permit Holder of the further reinstatement required and the time period for completion.  If such reinstatement does not occur within the time specified, Council will undertake the reinstatement at the Permit Holder’s cost.  Any non-Council items and equipment not removed by the time specified will be treated as abandoned and will be disposed of as Council sees fit.
    

6. RUBBISH DISPOSAL

   6.1 The Permit Holder must submit a waste and litter assessment with its Permit Application and must comply with the plan as approved by Council at all times when at the Location.

   6.2 ​​​​​​​The Permit Holder is responsible for the removal and disposal of its rubbish and waste from the Location and must not use the public bins at the Location.
    

7. FEES AND PAYMENT

   7.1 

   If the Permit Holder’s application is accepted, Council will issue the Permit Holder with an invoice for the Permit Fee and security bond (if any) which must be paid prior to the Permit being issued.

   7.2 ​​​​​​​Except where a clause in these Permit Conditions provides otherwise, the Permit Holder will not be entitled to any refund of payments made in respect of the Permit.
    

8. SECURITY BOND

   8.1 If Council charges the Permit Holder a security bond, it will be used as security against any damage caused to the Location and/or any other breach of these Permit Conditions.

   8.2 ​​​​​​​Subject to clause 8.3, a refund of the security bond will be made within 30 days of the end of the Permit Period.

   8.3 ​​​​​​​Deductions from the security bond may be made by Council for any reasonable cause including, but not limited to:

   a) damage caused to the Location or any Council property at the Location
   b) reinstatement of the Location by Council in accordance with clause 5.3; and
   b) any costs and expenses incurred by Council as a result of a breach of these Permit Conditions.

   8.4 ​​​​​​​Where the amount of the security bond is not sufficient to cover the sums payable pursuant to these Permit Conditions, the Permit Holder will be liable to pay the difference within 30 days of receipt of invoice.
    

9. INSURANCE

The Permit Holder must hold and maintain public liability insurance in a minimum sum of $20 million per single event and must provide a copy of its certificate of currency with its Permit Application and otherwise on Council’s request.

10. LIABILITY

    10.1 The Permit Holder undertakes the Permitted Activity at the Location entirely at its own risk.

    10.2 ​​​​​​​To the extent permitted by law, Council accepts no responsibility for any loss, damage, claim or expense suffered, including property loss or damage, personal injury or death, arising from the Permitted Activity.
     

11. INDEMNITY

The Permit Holder agrees to hold harmless, indemnify and keep indemnified Council, its Councillors, staff and contractors (‘Council’) against any action, claim, demand, cost (including legal costs) or other liability claimed against or incurred by Council in respect of any accident, damage, injury or loss arising from the Permit Holder’s activity at or occupation of the Location and the Permit Holder’s compliance or purported compliance with these Permit Conditions.

12. BREACH OF PERMIT

In the event of a breach of these Permit Conditions Council may, acting in its entire discretion, revoke this Permit.

13. GENERAL

The Permit Holder:​​​​​​​

13.1 must comply with any special conditions specified in the Permit;​​​​​​​

13.2 must ensure the Permitted Activity does not adversely impact surrounding residents or the public;

​​​​​​​13.3 must allow Council staff, its contractors, persons authorised by Council and emergency services access to the Location at any time during the Permit Period;

​​​​​​​13.4 must follow all directions of Council staff in relation to the Permitted Activity; ​​​​​​​

13.5 must follow all directions of emergency services;​​​​​​​

13.6 is responsible for the conduct and behaviour of its employees, agents, contractors and event attendees, including in respect of their compliance with these Permit Conditions;​​​​​​​

13.7 must not transfer this Permit to a third party;​​​​​​​

13.8 must advise Council of any changes which may affect the Permitted Activity; ​​​​​​​

13.9 must comply with all laws, regulations, rules and Council policies applicable to the Permitted Activity including, without limitation, the Food Act 1984, Road Safety Act 1986 and Road Safety Road Rules 2017; and​​​​​​​

​​​​​​​13.10 must produce a copy of this Permit on request by a member of Council staff or Victoria Police.