Casual leasing and product sampling - terms and conditions

• Casual Lease Fee must be paid before the commencement of the leasing period.
• All payments should be made by BPAY or credit card payable to Sutherland Shire Council. Payment should be forwarded to 4-20 Eton St Sutherland 2232, made over the phone 02 9710 0891.
• Fees are for site only, unless otherwise specified. Additional charges apply for power access.

In the event of inclement weather on the day of the casual lease contact Sutherland Shire Council prior to 8:00am at events@ssc.nsw.gov.au. Failure to do so will result in payment of full fees.

The Goods and Services Tax (GST) commenced on 1 July 2000. As a result of the introduction of GST legislation, the following applies to services and supplies provided under this agreement:

• Where required we will provide you with a tax invoice, which may enable you to claim a credit or refund in accordance with the GST legislation.
• Subject to any legislative requirements, we reserve the right to determine the way GST inclusive charges are included in our bills, either in aggregate or on an itemised basis.

• The lessee must disclose to Sutherland Shire Council the exact nature of the activity/product to be promoted in the Casual Lease space. Activities will be approved at management's discretion. Activities performed outside the disclosed approved promotion will result in automatic cancellation of the booking.
• It is the responsibility of the lessee to obtain all necessary consents and approvals required by and to otherwise comply with all laws governing the use of the Casual Lease.
• Charities must be a nationally recognised organisation, e.g. Red Cross, MS Society.
• A Charitable Fundraising Number (CFN) and/or Certificate of Incorporation must accompany an application request. If you are fundraising on behalf of a registered charity you must also provide a Letter of Authority from that charity with your application. Stalls should only be held for the purpose of raising funds for a charitable organisation. Collectors are not permitted to rove through the CBD and town centre.
• Charities are accepted only 3 times per year at a maximum of 1 booking per month.
• Community groups must be based in the Sutherland Shire if applying to use the area to promote or fundraise.
• Advertising or promotion of alcohol or tobacco products is prohibited.
• The sale of offensive product is prohibited e.g. profanities, explicit or discriminatory material.
• Approved hours of operation are 9:00am-5:00pm each day.
• You may hand out flyers/brochures at your stall/site provided you stay within 1m of site.

Cronulla CBD

• All displays shall be of a professional nature and shall in no way detract from the standard of operations of the CBD. In particular:
  • the lessee shall ensure that all trestles are fully covered at all times
  • the lessee must display professional signage.  No handwritten signage can be erected.
• The lessee's approved display must not in anyway obstruct
  • the free movement of customers in the common areas of the CBD
  • access to, or line of sight of, the premises of any other tenant in the CBD.
• The display is to be of a temporary nature and the lessee must not affix items to any part of the CBD if it would cause damage to the CBD and town centre in any way. The lessee must ensure all displays are safe and stable.
• The lessee must not allow any part of a display to stain, mark or damage the floors of the location or the equipment provided.
• Sutherland Shire Council reserves the right to require the lessee to remove or alter any part of any display erected on the Casual Lease.
• Prior to take down, the lessee must:
  • reinstate the Casual Lease site to its condition prior to set up
  • make good any damage caused by it to the Casual Lease
  • remove all rubbish and leave the Casual Lease site in a clean state and condition.
• Vehicles are not permitted on the Plaza at any time, unless for display purposes only. The Bali Memorial (Peryman Square) or other emergency access to the Plaza and Peryman Square must not be blocked.
• The speed limit for movements through Cronulla Plaza is 10km/h. All vehicles moving through the Plaza must be registered and walked through into position.

Outside Cronulla CBD

• A minimum of 2m clearance for pedestrians and other forms of traffic must be maintained at all times.
• Street stalls are not to be erected in any position adjacent to taxi ranks, bus stops, railway station entrances or any location likely to cause congestion.
• Street stalls must not be conducted within any public street or area on any dates not approved by council.
• Street stalls are not to be operated adjacent to shops marketing goods similar to the stall.
• Display windows of adjacent business are not to be blocked from public view.
• Stalls must not exceed 3000mm x 1200mm, inclusive of provision for a table, chairs and display material.
• No amplified music, entertainment and advertising is permitted unless specific permission is granted by Council.
• If the stall is to be set up on a turfed area, stall holders/operators are prohibited from using tent pegs or any other implement that breaks the ground surface.
• Stall holders/operators are prohibited from tying or fixing in any manner, any sign, banner or other item to or from any street or shop sign, power or light poles, trees, or street furniture.

• The lessee must ensure that the display is manned at all times.
• The lessee must conduct themselves in a professional manner and must not cause nuisance or disturbance to other businesses in the Centre.
• Under no circumstances is the lessee to harass or approach any customer.
• The applicant must disclose to Sutherland Shire Council the exact nature of the activity/product to be promoted in the casual lease space. Activities will be approved at management's discretion. Activities performed outside the disclosed approved promotion will result in automatic cancellation of the booking
• The lessee must remain within the location allocated by Sutherland Shire Council at all times and not place any items outside of the designated area (e.g. outside the stall or in a manner that may create a risk to the public).
• Collectors are not permitted to rove through the CBD and town centres.
• The area shall be left in a clean and tidy condition. A cleaning fee will be charged if the area is left in an unsatisfactory condition.
• The signed Casual Lease Agreement must be on hand at all times and presented to Council officers or police on request.
• All sound-producing plant, equipment and machinery, including amplifiers, shall be operated at minimum audible levels so as not to cause offensive noise. Amplifiers are prohibited, except for announcements
• Lessees are responsible for ensuring they meet WHS obligations under statute and general law.

If selling food, NSW Food Authority Guidelines must be adhered to. There is a section in the guidelines for charities and community groups as some exemptions apply. If you need advice about a temporary food stall, call Council and speak to a Health Officer.

• The lessee is responsible for effecting its own insurance over its property and its employees.
• The centre's insurance policies only cover articles and property owned by the Owner.
• The lessee must effect public liability insurance for a minimum of $20 million per claim with an insurer acceptable to the Owner. The lessee must provide to Sutherland Shire Council a copy of its public liability policy of insurance together with a Certificate of Currency for that policy.
• Only dates covered by your current Certificate of Currency for Public Liability will be approved.

The lessee will indemnify Sutherland Shire Council by noting the interests of Sutherland Shire Council on the policy from and against all claims, demands, losses, damages, costs and expenses for which they may become liable in respect of or arising from:

• loss, damage or injury to any person or property within the CBD and town centres caused or contributed to by the lessee's failure to comply with the terms of this agreement
• loss, damages or injury to any person or property caused or contributed to by the negligence of the Lessee or its agents or employees
• loss, damage or injury to any person or property caused or contributed to by or arising out of the use of the Casual Lease.

• The lessee accepts that it occupies the Casual Lease at its own risk and Sutherland Shire Council Management shall not in any circumstances be liable to the lessee for any damages suffered by it or to its property. Sutherland Shire Council will not accept responsibility for the security of any display, item or stock left in the Casual Lease unattended.
• Neither the Owner nor Sutherland Shire Council will store stock, or other items on behalf of the lessee, the lessee must make its own arrangements in this regard.

The lessee may not assign, sublet or otherwise deal with its Casual Lease.

Should the lessee breach any of these terms of the Casual Lease, Sutherland Shire Council may terminate the Casual Lease.

Sutherland Shire Council has the right to move or cancel any Casual Leasing agreement at any time without notice.

New bookings will not be made if any previous invoices are outstanding. Any directions or requests given by Sutherland Shire Council staff, Community Law Enforcement Officers or Property Officers, shall be complied with immediately.

All electrical equipment and leads must be tested and tagged in accordance with Australian Standards.