Footpath Trading

Application Fee Amnesty Period - Council is waiving the $165.90 application fee for all new Footpath Trading Permits for a period of 12 Months ending on 1 November 2026. Permit fees still apply.

The primary goal of the Footpath Trading Policy is to facilitate a balance between local businesses seeking use of footpaths for trading, whilst ensuring safe footpath access for all users, including pedestrians, people with disabilities and those using mobility aids.

Footpaths are public spaces that everyone shares. While we support local businesses in making the most of these areas, we also need to prioritise community safety, accessibility and the smooth flow of pedestrians and traffic. To make the best use of the footpath for your business, please read the policy and apply for the permit that best suits your needs.

What is footpath trading and when do I require a permit?

Permits are required for any business, individual or organisation that wants to use public land (footpaths) for commercial activities within the Mornington Peninsula, these activities can be a mixture of Bulky & Displays of Goods, A-Frame Signs, Tables and Chairs (with or without the service of liquor), Umbrellas, Heaters, Screens and Planter boxes.

Businesses operating in residential, commercial, or industrial areas are now required to obtain a Footpath Trading Permit to place an A-frame sign on the footpath or nature strip directly in front of their premises anywhere within the Mornington Peninsula

Footpath Trading - Core Conditions

To help you understand the requirements of a Footpath Trading Permit, the following key conditions must be met:

  • Pedestrian Zone: A minimum clear width of 1.8 metres must always be maintained for pedestrian access.
  • Kerbside Zone: A minimum clear width of 0.3 metres must always be maintained next to the kerb.
  • Clearance Between Businesses: At least 0.5 metres must be kept clear between neighbouring businesses.
  • Minimum Footpath Width: Footpaths must be at least 2.5 metres wide to allow trading. This ensures the 1.8 metre pedestrian zone and 0.3 metre kerbside zone remain clear.
  • Location of Trading: Trading is only permitted directly in front of your shop front. Trading in front of neighbouring businesses is not permitted.
  • Permit Display: Permit stickers must be displayed on the front window or door of your premises to ensure compliance.
  • Liquor Service: Businesses wishing to serve liquor in their Trading Zone must apply for a Footpath Trading Permit with Liquor and hold a current liquor licence.
  • Council Assets & Infrastructure: At least 0.5 metres clearance is required from any council assets (e.g. bins, poles, seats).
  • Bus Stops, Loading & Taxi Zones: A minimum clearance of 1.5 metres must be kept on either side.
  • Accessible Parking Spaces: Trading Zones are not permitted directly in front of accessible car parks.
  • Items on footpath: All items associated with footpath trading must be removed from the Trading Zone at the close of the trading day. Items are not to be stored on the footpath unless approved as a condition of the permit (additional fees may apply).
  • Placement of Items: All items must always remain within the approved Trading Zone, including during bad weather. Items must never be placed in the Pedestrian Zone.
  • Permit Transfer: Permits may be transferred to a new owner if the business activity and location remain the same, and Footpath Trading is notified in writing. See Policy 5.23 for further details.

Please note: ‘Footpath Trading’ and ‘Commercial Activities’ are used interchangeably throughout the website and application form.

For more detailed information on all conditions, please refer to the Footpath Trading Policy.

If you require further information about Footpath Trading, please contact Community Safety on 5950 1434 or email footpathtrading@mornpen.vic.gov.au.

Understanding the footpath zones

To assist, the policy divided the footpath into three zones and clearances:

  1. Pedestrian Zone
    The Pedestrian Zone extends from the property boundary for a minimum of 1.8 meters to allow clear and unobstructed access for footpath users. Where the frontage of a building is set back from other adjacent buildings on the street forming an irregular building line, this space may be considered part of the Trading Zone, however it must not interfere with the safe and unimpeded use of the footpath. No items are permitted to be placed within the Pedestrian Zone.

  2. Trading Zone

    The Trading Zone is the section of footpath between the Pedestrian Zone and the Kerbside Zone. Permit holders may place items in this area in accordance with their approved Footpath Trading Permit.

  3. Kerbside Zone

    The Kerbside Zone is located between the Trading Zone and the kerb of the road. The Kerbside Zone must be a minimum of 0.3 meters wide to allow safe access to vehicles parked at the roadside and for safe refuge for pedestrians crossing the road. A wider Kerbside Zone may be required in some circumstances to safeguard Shire or other Authority infrastructure. No items permitted to be placed on the footpath this policy may be placed within the Kerbside Zone.

  4. Clearances
    A minimum clearance of 0.5 meters must be maintained on either side of the business frontage to create a walkway from the Kerbside Zone through the Trading Zone and into the Pedestrian Zone.

    A minimum clearance of 0.5 meters or greater must be provided on either side of any asset permanently affixed to the footpath such as, but not limited to, rubbish bins, parking meters, bike racks, post boxes, fire hydrants, bollards, seats, traffic signal boxes and service pits. 
EPU_FootpathTrading_Diagram1_A4_V03.jpg

 

EPU_FootpathTrading25_Diagram2.jpg

 

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How to calculate your fees

Fees 2025-26:

  • Footpath Trading $100.00 per square metre
  • Footpath Trading with Liquor $125.00 per square metre

Calculating your Fees:

The Trading Zone is the designated footpath area where you can place your items, as shown in the diagram below.

If applying for an A-Frame sign allow for 1 square metre (regardless of size).

Example:

Measure the Length 4.5m
Measure the Width 2.8

4.5 x 2.8 = Total 12.6 square meterage

EPU_FootpathTrading_Diagram1_A4_V03.jpg

 

Apply or Renew – Footpath Trading Permit

To apply or renew a permit, you need to provide the following:

1. Copy of your Public Liability Insurance Policies, "Certificate of Currency" - must have the following details:

  • Company/Business & Trading name
  • Business address
  • Date of period covered
  • Minimum of $20 Million coverage
  • MUST list Mornington Peninsula Shire as the interested party

(Tax invoices, statements, or terms and conditions of your insurance policy will not be accepted)

2. Detailed Site Map of the Trading Zone (footpath area), must have the following details:

  • Minimum 0.3m Kerbside Zone: This is the area between the Trading Zone and the kerb of the road.
  • Minimum 1.8m wide Pedestrian Zone: This allows for exclusive use of pedestrians
  • Minimum 0.5m clearance on each end of the Trading Zone: This allows for clearance between neighbouring businesses Trading Zones.
  • Square meter measurement of the Trading Zone. Provide the total m2 area that will be utilised, width by length.
  • Reference any existing infrastructure on the footpath, bins, seats, bike racks, trees.

All trading zone measurements will be verified and adjusted where necessary to ensure accuracy and consistency across all applications. Further invoices will be issued for applications where the trading zone size has been underestimated.

3. Provide photos of all items that will be placed on the footpath within the approved Trading Zone.


Apply online

Permit fees still apply; payment is required upon lodgement of your application.   

Please create an online account rather than applying as a guest. Applications must be made under the business/company name or under your name if you are a sole trader.

Apply or Renew – Footpath Trading Permit with Liquor

To apply or renew a permit, you need to provide the following:

1. Copy of your Public Liability Insurance Policies, "Certificate of Currency" - must have the following details:

  • Company/Business & Trading name
  • Business address
  • Date of period covered
  • Minimum of $20 Million coverage
  • MUST list Mornington Peninsula Shire as the interested party

(Tax invoices, statements, or terms and conditions of your insurance policy will not be accepted)

2. Detailed Site Map of the Trading Zone (footpath area), must have the following details:

  • Minimum 0.3m Kerbside Zone: This is the area between the Trading Zone and the kerb of the road.
  • Minimum 1.8m wide Pedestrian Zone: This allows for exclusive use of pedestrians
  • Minimum 0.5m clearance on each end of the Trading Zone: This allows for clearance between neighbouring businesses Trading Zones.
  • Square meter measurement of the Trading Zone. Provide the total m2 area that will be utilised, width by length.
  • Show any existing infrastructure on the footpath, bins, seats, bike racks, trees.

All trading zone measurements will be verified and adjusted where necessary to ensure accuracy and consistency across all applications. Further invoices will be issued for applications where the trading zone size has been underestimated.

3. Liquor Licence (VGCCC), must be current and show the following details: 

  • Business Name (must match insurance policy)
  • Trading Name
  • Business Address
  • Expiry Date

(pending transfer notifications are not accepted)

4. Provide photos of all items that will be placed on the footpath within the approved Trading Zone.


Apply online

Permit fees still apply; payment is required upon the lodgement of your application.  

 

Please create an online account rather than applying as a guest. Applications must be made under the business/company name or under your name if you are a sole trader.