I attended Council’s community engagement in Middle Park several weeks ago to provide feedback on the Council Plan and Budget and the draft Footpath Trading Guidelines. I believe this business-as-usual consultation process is broken – and offer my feedback on the draft guidelines in the hope that Council is genuinely listening.

Whilst I appreciate the proposed draft may be an improvement on the old guidelines, it still represents a lot of rules and processes for business owners to follow. Council would no doubt get a much more positive response by outlining Council's measurable commitment to achieving the outcomes, as opposed to just imposing them. For example, will Council explore opportunities to reduce permit application fees? Will it mandate application review times?

If Council is regularly inspecting businesses for compliance and the rules are easy to comply with, why is there a permit process at all? Why not just have a clear and simple set of rules for everybody to follow and spend more time helping businesses follow them, instead of charging fees, issuing permits with overly onerous conditions, and then fining them when they don't comply?

Why is $20 million Public Liability coverage necessary? This places an unreasonable burden on small businesses that are barely coping with operating costs or going bankrupt. What examples are there where coverage of $5 million was insufficient? How many of these were there and what were the details? At a minimum, small businesses should have reduced insurance requirements (e.g. a corner store doesn't have the same capacity to comply as a supermarket, and there's a reason we have the duopoly of Coles and Woolworths with the old Milk Bar basically extinct).  

Permit application requirements include furniture details, engineering drawings, operational plans, etc. Of course, all of this seems reasonable, but not when you consider that in most instances it's just a sole trader trying to start a business; it is very overwhelming. Demanding they expend costs on consultants to produce plans places an unnecessary burden on a business that might not even survive in the short-term. Why not offer services where small business owners can workshop furniture layouts, be provided with recommended suppliers and be given information on how to install equipment safely? 

Even though I don't think a permit should even be required for something like this, why do they expire? Just to create an additional cost and time burden on the business, and an additional process and revenue stream within Council? Why not simply notify businesses if there's a new rule change that they need to comply with – and then help them do so?

It amazes me that Council believes it's fair to outright reject any claim for compensation resulting from loss of trade unconditionally, whilst requiring so much of a small business owner. Instead of outlining what Council will do to help businesses, the Guidelines are about the rule – and it's a one-way street. No commitment to customer service, to ensuring fair treatment, to reducing costs and speeding up processes. Just a reminder that Council is exempt from consequences and the threat of enforcement if you don't comply.

The Guidelines are way too long - everything can seem reasonable in isolation, but for somebody trying to start or operate a small business, this is not bite-sized enough.

I encourage you to provide feedback on the Footpath Trading Guidelines via the Have Your Say survey which closes on 17th May.