Submission on the Trading and Events in Public Places Bylaw 2014
Submission: Trading and Events in Public Places Bylaw 2014
We appreciate the opportunity to comment on the Proposed Trading and Events in Public Places
Heart of the City represents property owners and business interests in the Auckland’s City Centre,
and has an active role in the development of the central city as a vibrant place to spend time and do
business. Ensuring that our public spaces are managed in such as a way that they remain available
for everyone to enjoy, and add vibrancy to the environment is the fundamental principle which we
Our comments on this Draft Trading and Events in Public Places Bylaw specifically relate to the
Auckland city centre.
A Summary of our Position:
We are generally in support of what is proposed. The key principles overriding our submission is that
activity in the public space:
does not impact or compromise on fixed business activity (i.e. mobile trading
does not impact on the enjoyment, accessibility and flexibility of the public space
contributes to a vibrant and exciting environment
We also understand that Council will be developing an Operations Policy Manual to be implemented
alongside the new bylaw in mid-2015. This will be a critical document as, among other things, it will
set out the details around the use and type of furniture for outdoor dining, as well as specify locations
and frequency for activities such as busking and fundraising. We have already been in discussion with
relevant Council officers on this, and look forward to being actively involved in its development with
particular reference to the City Centre over the coming months.
As part of the Operations Policy Manual, we would like to see the development of site specific
(management) guidelines for high profile areas in the City Centre, this would include, but not limited to
the shared spaces and other public open spaces such as Freyberg Square and St Patrick
Square. These site specific guidelines would ensure that these new spaces, that have had significant
levels of funding invested into them, will be managed in such a way as to create vibrant, and cohesive
spaces with suitable trading and event activity occurring.
– Preliminary Provisions
Should the definition of street furniture
require the inclusion of ‘table, barrier, blind, heater’ if referring
to those items associated with ou
tdoor dining, or alternatively identify “other” to ensure these items
are not excluded.
– Approvals and other administrative matters
10 (2) Deciding an application
We recommend that
the inclusion of a matter that makes reference to the “impacts on the
surrounding business and/or residential environment”
– Approval conditions
We support that the conditions are “not limited” to those conditions set out in the policy.
– Trading and events in public places
15. Market Stalls
Agree with what is proposed.
16. Mobile Shops
Agree with what is proposed. This includes the need for approvals and an annual fee for mobile
shop traders applied across the region.
However, whilst Mobile shops can add vitality and life to areas that are not well serviced by fixed
businesses, they can also compete with these businesses. We are concerned by the potential for
inequity/unfairness and the impact that these may have fixed businesses in the city centre.
It is critical that a clear process is established to ensure that Mobile Traders are only permitted to
trade in areas where they do not have a negative impact on the surrounding environment. On face
value, we would anticipate that there would be limited areas with which this activity can take place in
the city centre at any one time.
We agree with the need for Council to be able to apply conditions to ensure that impact to
pedestrians, traffic and fixed businesses is mitigated. As such, we would like to work with Council on
how the specified conditions should be applied to mobile shops applying to trade in the city centre.
This would include the provision of introducing a clause that limits the operation of mobile shops from
trading within a certain distance from fixed businesses during operating hours. We note that this might
not apply to Mobile Shops participating in specific Events.
We would also note that it is important for council and Local Boards to work with Business
Improvement Districts (BIDs) for feedback on any application received from a proposed Mobile shop
looking to trade within a BID boundary. This would allow them to provide feedback on whether this
application has an impact to surrounding environment/fixed businesses, and outline their support or
otherwise of the application.
We recommend an amendment
to condition 16 (b) to read “the location, hours or days that the
mobile shop occupies a public place at any one time
17. Outdoor Dining Areas
Agree with what is proposed.
Support the consistent approach to outdoor dining across the region
– including the requirement for
licences with fees, as per already exists in the city centre.
We note that there is a need to ensure consistency for furniture and other elements (quality/what is
permitted etc.) and we understand that this will be reviewed and addressed through the operations
17 (1) (a) Should it be the requirement of the approval holder to delineate the exact location of the
outdoor dining area? We would have thought that this would be the responsibility of Council to ensure
the approved area is demarcated as approved, as well as consistency of what is used to demarcate
17 (1) (b) Should Council also be able to approve the number of other associated street
furniture/fixtures along with tables and chairs? I.e. planters, heaters etc.
Agree with what is proposed: Support the continuation of the need to get approvals for Fundraising
activities, as well as being able to manage the number and location of fundraising activities happening
at any one time.
The role of the PFRA is vital in managing the fundraising process in the streets, and that in
partnership with Council and BIDs, the look to ensure that these Fundraising activities do not create a
nuisance to the surrounding environment (People, place and business). As part of the development of
the Operations Policy Manual we want to explore how we may look to permanently reduce the
number of locations available to fundraisers in the city centre.
18 (1) We recommend the inclusion
of an additional condition to read (d) “the location and hours of
19. Offering Commercial Services
We agree with the need to get approval for commercial activities that are carried out in public places
– parks & beaches. We support the list of conditions currently proposed.
We understand that boot camps will be added to the exemption clause, and will not need approval or
a licence to carry out their activities in local public places. We support this.
20. Distribution of promotional material/goods
Agree with what is proposed, including the requirement for approval to allow the distribution of
We support the list of conditions currently proposed, noting the inclusion of the condition that states
“any potential impact on local businesses and the local environment”.
21. Street performance/busking
Buskers add a live and vitality to the city street. We want to be known as a busking friendly city centre
that supports and encourages great talent on the streets.
We wish to work with Council in reviewing the busking sites and no go zones as things may have
changed given we have started to introduced the newly upgraded streets and shared spaces in the
Recommend the inclusion of the following conditions
“The council may, from time to time, designate specific areas where street performers are
permitted or prohibited”
“Street performers must follow the Street performers code of conduct”
We continue to support the policy that looks to limit performances to 1 hour per site.
Sound performances: We would like to review the use of amplification as a default provision. Rather
we would like to see this as a
‘by exemption’ and only in relevant locations in the city centre. We wish
to discuss this further with Council.
Agree with what is proposed. As per process already, no change proposed.
24. Outdoor business displays
We understand the rational for removing the requirement for approvals for outdoor displays in
association with adjacent businesses. We understand that this would bring an overwhelming, and
unnecessary level of administration.
We note that Local Boards will be delegated the authority through this bylaw to determine whether
areas will be permitted to have outdoor displays. We would like to ensure that we work with Council
and the Waitemata Local Board on discussing the approach for the City Centre, as part of the
development of the Operations Policy Manual.
Our default position for the city centre is that no outdoor business displays should be
permitted. This is the current provision in the existing bylaw, and is especially applicable to the new
shared space zones as any display adjacent to the building line impedes on the accessible zone; and
the other main retail streets in and around the Queen St Valley and other areas with high pedestrian
Thank you for the opportunity to comment on this Bylaw, and we wish to discuss this further.