Under Council by-law Number 3 (4.17.2) a permit is required for any of the following activities:
4.17 Entertaining
4.17.1 sing, busk or play a recording or musical instrument for the purpose of, or so as to appear to be for the purpose of, entertaining others whether or not
receiving money;
4.17.2 conduct or hold any concert, festival, show, public gathering, circus, meeting, performance or other similar activity;
This is to ensure Council is aware of activities on its land, that public liability insurance is held by relevant parties and to protect Council's assets. If there is damage caused or injury to other persons, Council can recover the costs of repair or injury through the public liability insurance. There is no fee attached to a permit unless the applicant wants exclusive use of the area.
Having a magician in the park requires a permit from Council under the by-law.
Having exclusive use of part of a park for any activity requires a fee of $165.
You can apply for a permit under the by-law for an entertainer and there is no charge as long as you do not expect exclusive use of an area of park. If you do not secure a permit for an entertainer and proceed with your event, then there would be an expiation fee of $187.
If you want to hold a gathering (regardless of entertainment) and want exclusive use (such as Hanson Reserve) then you need to pay the $165 fee and $300 bond.
Because there is high demand for hiring parks we must have a booking system in place. Anyone who wants to have exclusive use of a section of a park to have a party must hire it and pay for the use of it, just like any private or publicly owned venue. We also ask for a refundable bond in case of damage.
A recent news article raised the issue of permits for entertainers in parks. In this situation, a woman was not fined for having a magician. She was fined for failing to have a permit for that magician.
The woman had enquired with Council about booking Hanson Reserve for her exclusive use to have a children's party with a magician. She was advised she would need to pay a permit fee of $165 and a fully refundable bond of $300. The week before the party she cancelled the booking saying the fee was too high. She was advised that if she went ahead with the party at that location she could face an expiation fee of $187. She said she would go ahead anyway and "take her chances".
She knew the rules and chose not to follow them, knowing that she would face an expiation.
In the past two and a half years 57 people have booked and paid for exclusive use of one of our parks for a variety of activities. Booking exclusive use of a park (such as Hanson Reserve) then cancelling the booking at the last minute precludes others from the opportunity to book that space.
Our community's parks are for everyone, are very popular and in high demand for people to host parties so it is really important that everyone has fair use and access to them.
