Agenda of Special Community, Culture and Events Committee Meeting

Working together to make Hobart a better place for the community.

THE VALUES

The Council is:

People	We value people – our community, our customers and colleagues.
Teamwork	We collaborate both within the organisation and with external stakeholders drawing on skills and expertise for the benefit of our community.
Focus and Direction	We have clear goals and plans to achieve sustainable social, environmental and economic outcomes for the Hobart community.
Creativity and Innovation	We embrace new approaches and continuously improve to achieve better outcomes for our community.
Accountability	We are transparent, work to high ethical and professional standards and are accountable for delivering outcomes for our community.

Agenda (Open Portion)

Special Community, Culture and Events Committee Meeting

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22/6/2020

ORDER OF BUSINESS

Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.

APOLOGIES AND LEAVE OF ABSENCE

1. Co-Option of a Committee Member in the event of a vacancy 4

2. Indications of Pecuniary and Conflicts of Interest. 4

3. Transfer of Agenda Items. 5

4. Reports. 6

4.1 Salamanca Market By-Law No.2 of 2020. 6

4.2 Salamanca Market - Temporary Site Fee. 32

Agenda (Open Portion)

Special Community, Culture and Events Committee Meeting

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22/6/2020

Special Community, Culture and Events Committee Meeting (Open Portion) held Monday, 22 June 2020 at 4:40 pm.

This special meeting of the Community Culture and Events Committee is held in accordance with a Notice issued by the Premier on 3 April 2020 under section 18 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020.

COMMITTEE MEMBERS

Sherlock (Chairman)

Sexton

Harvey

Dutta

Ewin

NON-MEMBERS

Lord Mayor Reynolds

Deputy Lord Mayor Burnet

Zucco

Briscoe

Thomas

Behrakis

Coats

Apologies:

Leave of Absence:

1. Co-Option of a Committee Member in the event of a vacancy

2. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Members of the committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

3. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

Item No. 4.1

Agenda (Open Portion)

Special Community, Culture and Events Committee Meeting

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22/6/2020

Memorandum: Community, Culture and Events Committee

Salamanca Market By-Law No.2 of 2020

The purpose of this memorandum is to advise Council of the outcome of the informal stakeholder engagement undertaken with regard to the draft Salamanca Market By-Law No. 2 of 2020, and to recommend that the Council formally resolve its intention to make a by-law, which is the next stage in the legislated process.

The Council has the power to create by-laws under section 145 of the Local Government Act 1993 (‘the Act’). Furthermore, Section 155 of the Act provides that:

‘A by-law, whether later amended or not, expires 10 years after the date on which it takes effect unless it is expressed to expire sooner.’

At its meeting on 27 April 2020, the Council resolved:

That the Council approve the draft Salamanca Market By-Law No. 1 of 2020 showing as Attachment A to item 12 of the Open Council agenda of 27 April 2020 be released for further stakeholder engagement.

An external stakeholder engagement process commenced 6 May 2020 for a period of three (3) weeks. The draft by-law was provided to all 383 Salamanca Market stallholders, the Salamanca Market Stallholders’ Association Inc. and the Waterfront Business Association.

One (1) submission was received during the informal consultation period. The submission questioned the range of powers that the by-law provides to the City and also asked that officers’ obligations to stallholders, such as respect and a safe workplace, be stated within the by-law.

Officers have assessed the submission and determined that it is appropriate for the City to retain the powers to control tours, signage and to close the market. The City’s Customer Service Charter provides mechanisms for respect along with the Person Conducting a Business or Undertaking (PCBU) obligations provides for a safe workplace. Officers are satisfied that no changes are required of the draft by-law.

Provided it is satisfied with the draft by-law as presented with this report in Attachment A, the Council is now legally required to pass a formal resolution (by an absolute majority) of its intention to make a by-law.

Subject to this resolution, the next stage of the process is to prepare a Regulatory Impact Statement (RIS) for the by-law. Once completed, the Council-approved by-law and the RIS will be provided to the Director of Local Government for consideration.

Once approved by the Director, the Council will then be able to give notice of the proposed by-law for public consultation through appropriate advertising channels including the ‘Your Say’ platform.

Depending on the responses to this public consultation process, amendments to the draft by-law may be required. If any responses are received, the draft by-law will be resubmitted to the Council for consideration. Once satisfied, the Council will be required to make the by-law under its common seal. If no responses are received, the prescribed process will continue to create the by-law.

A range of administrative actions that have defined timeframes are then required, including publishing the by-law in the Tasmanian Government Gazette and tabling it in Parliament, with the final action requiring the Council to send sealed copies of the by-law to the Director of Local Government. It is anticipated that the process will be completed in August 2020.

REcommendations

That:

1. The Council resolve (by an absolute majority) of its intention to make Salamanca Market By-Law No.2 of 2020;

2. The Council delegate authority to the General Manager to prepare a Regulatory Impact Statement for the by-law and present it to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993;

3. Subject to receiving a certificate of approval from the Director of Local Government, the Council delegate authority to the General Manager to give notice of the proposed by-law in order to advertise a further public consultation process, whereby the by-law and associated regulatory impact statement are made available for inspection and comment; and

4. If no submissions are received in response to the public consultation process, the Council authorise the General Manager to take the remaining necessary steps to make the by-law.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Iris Goetzki

Manager Activation Programs and Tourism

Tim Short

Director Community Life

Date: 17 June 2020

File Reference: F20/53780

Attachment a: Salamanca Market By-Law No.2 of 2020 ⇩

Item No. 4.1

Agenda (Open Portion)

Special Community, Culture and Events Committee Meeting - 22/6/2020

Page 21

ATTACHMENT a

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Item No. 4.2

Agenda (Open Portion)

Special Community, Culture and Events Committee Meeting

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22/6/2020

Memorandum: Community, Culture and Events Committee

Salamanca Market - Temporary Site Fee

The purpose of this memorandum is to request the General Manager be delegated authority for a new temporary stall fee for Salamanca Market for the 2020-21 financial year.

The Tasmanian State Government decreed that as at midnight Wednesday 25 March 2020 outdoor markets, such as Salamanca Market, were not permitted to operate. This restriction was one of a range of restrictions and the Tasmanian Government’s emergency declarations in response to the COVID-19 pandemic.

Consequently, the General Manager authorised for Salamanca Market to remain closed until further notice.

At the time of writing, there are no active COVID-19 cases in Tasmania and the State Government has announced it will consider relaxing the regulations for non-essential markets sooner rather than later, possibly as soon as the end of June. In addition, Tourism Tasmania is running a marketing campaign to encourage Tasmanians to travel locally.

Whilst it is difficult to be definitive, it is now believed that the ‘gathering’ restriction that limits the total number of people at an event may give way to a ‘maximum person density’ requirement that calculates the number of people per 4 square metres according the total area of the event site. This would potentially allow a greater number of patrons to visit an interim, smaller Salamanca Market and patron numbers would be contained by managing entry and exit points.

An expression of interest issued to all Salamanca Market stallholders on Monday 15 June has identified that at least 80 stallholders are interested in trading on a temporary, smaller market footprint, even with the state borders shut. The EOI does not commit any stallholder, but provides an early indication of the size and stallholder mix of a prospective, interim Salamanca Market.

As a result, officers are reasonably optimistic that a temporary version of Salamanca Market will be possible some time in July. The Salamanca Market team is still scoping the exact location, although it is proposed that a smaller, interim Salamanca Market would still be held on Salamanca Place.

A new, temporary stallholder fee is now required that reflects the reduced number of patrons likely to attend a smaller, interim Salamanca Market (noting that Tasmania’s borders remain closed).

Running a smaller, interim Salamanca Market is considered an important step towards eventually resuming a normal market over the full length of Salamanca Place and will bring foot traffic to Hobart’s waterfront, supporting the waterfront business community.

Pursuant to section 205 of the Local Government Act 1993 (Tas), Council has the following powers:

(1) In addition to any other power to impose fees and charges but subject to subsection (2), a council may impose fees and charges in respect of any one or all of the following matters:

(a) the use of any property or facility owned, controlled, managed or maintained by the council;

(b) services supplied at a person's request;

(c) carrying out work at a person's request;

(d) providing information or materials, or providing copies of, or extracts from, records of the council;

(e) any application to the council;

(f) any licence, permit, registration or authorization granted by the council;

(g) any other prescribed matter.

Further, pursuant to section 22 of the Local Government Act 1993 (Tas), the Council has the power to delegate authority to the General Manager to set Council fees and charges.

REcommendation

That:

1. Pursuant to Section 22 of the Local Government Act 1993 the Council delegate to the General Manager the authority to set a temporary stall fee for an interim, smaller Salamanca Market for the 2020-21 financial year to be called “Temporary Site Fee”.

Taryn Townsend

Senior Commercial Advisor Salamanca Market

Iris Goetzki

Manager Activation Programs and Tourism

Tim Short

Director Community Life

Date: 17 June 2020

File Reference: F20/58866; S33-060-02/37

Attachment a: Salamanca Market - New Fees 2020-21 ⇩