Bunyip footpath row

By Melissa Meehan
CARDINIA Shire Council has hit back at claims by Bunyip shop owners that the Footpath Trading Code should apply only in Pakenham.
Debbie Wouters and Ange Lavery have owned the Bunyip Village Cafe and Old Wares for the past 15 months and say they are at a loss to describe why the shire has applied the policy in small towns such as Bunyip.
But Cardinia Council spokesman Paul Dunlop said the code was applied throughout thew council and all business operators had a legal obligation to comply with the Disability and Discrimination Act, which was supported by the code.
But Ms Wouters said: “We think the rules, in general, work for Pakenham – but it’s got to be an individual thing.
“We are a small business in a small town and don’t get a lot of passing traffic.”
Under the code, traders can no longer place items up against the wall of their shops – instead they must allow a 1.5-metre clearway.
Both women conceded that they had received two fines in the past month, but said they were speaking out because the policy didn’t fit small towns.
“On the occasions that we were fined, it was actually twice on the one day – a Sunday at that, it was raining and local kids had brought in our chairs and tables to protect them from the weather,” Ms Wouters said.
“They thought they were doing the right thing, but it has ended up costing us $234 – twice.”
The women said under the code they could not even have their doormat at their front step for tradespeople to wipe their muddy shoes.
“They start looking for the mat and we tell them to go back 1.5 metres on the footpath and wipe their feet on the mat there,” she said. “They just end up taking off their shoes now.”
Ms Wouters said it seemed like there was a grey area on where the responsibility lay for shopkeepers since the code was introduced.
“Our business insurance doesn’t cover things 1.5 metres out from the shop,” she said. “So if someone hurts themselves, or if they slip because we don’t have a door mat, is the shire responsible?”
Mr Dunlop said doormats were not included in the code, and said the business operator would be responsible if people slipped in their shop.
“The business operator is responsible for any incidents that involve the tables, chairs, goods on display, A-frames, or any other obstruction they place on the footpath,” Mr Dunlop said. “The business operator needs to ensure that their insurance covers this.”
He said most operators, in general, had seen the benefit to their customers and had complied with the code.