Hamilton City Council (Council) is proposing changes to two key documents that guide trading activity in public places. Before making any final decisions, we’d like to have your input.

  • Hamilton City Trading in Public Places Bylaw 2016 (amended 2026)
  • Trading in Public Places Policy

Background

Council uses bylaws and policies to manage trading activities in public spaces, ensuring they are safe, vibrant, and welcoming. The Hamilton City Public Places Bylaw 2016, and Trading in Public Places Policy set rules for activities such as outdoor dining, markets, signage, and busking, balancing commercial use with public enjoyment and safety.

Regular reviews ensure these documents remain effective, reflect best practice, and respond to community needs.

The Public Places Bylaw was last reviewed in 2016. Under the Local Government Act 2002, Council must review bylaws every 10 years. The Trading in Public Places Policy is reviewed alongside the Bylaw to maintain consistency.

On 30 April 2025, the Council determined, under section 155(1) of the LGA that:

  • The Public Places Bylaw is the most appropriate mechanism for addressing issues relating to the management of public spaces.

Council is proposing minor changes to the Public Places Bylaw 2016 and the Trading in Public Places Policy to improve clarity, consistency, and alignment with other Council policies. These changes aim to:

  • clarify provisions for trading on parks and reserves
  • improve transparency around fees and permit requirements
  • allow businesses to place one footpath sign without a permit
  • remove the requirement for businesses to hold public liability insurance for outdoor dining permits
  • distinguish markets from other types of events
  • support city activation by reducing regulatory barriers for busking.

What we’re proposing...
… and why.

Trading in Public Places Policy

Footpath signage
To allow businesses to place one footpath sign, without the need for a permit, provided they comply with the conditions in the Policy.
- To reduce compliance for businesses while maintaining clear conditions to ensure signs are safe and do not obstruct public spaces.

Busking
To extend the busking permit from six months to 12 months, and to allow buskers to use amplified sound, during certain hours of the day.
- To support city activation and reduce regulatory barriers.
- To make it easier for performers to contribute to a vibrant city environment.

Public Liability Insurance Requirement
To remove the requirement for outdoor dining permit holders to hold public liability insurance.
- To reduce costs for businesses while continuing to manage outdoor dining through permit conditions that ensure safe and appropriate use of public spaces.

Fees and Charges
To include provisions for trading-related fees, permit expiry terms, and late payment fees.
- To improve transparency around fees.
- To reflect recent changes to permit durations (outdoor dining).
- To encourage timely renewals of permits.

Events/Markets
To expand the definition of market and remove reference to events in the Policy.
- To improve clarity by ensuring the Trading Policy only applies to activities that meet the definition of a market.
- To distinguish between markets, and other types of events.

Trading in Parks and Reserves
Clear rules and a simple permit process for anyone wanting to trade on Council reserves.
- To make the rules easier to understand for anyone wanting to trade.
- To ensure trading supports the reserve's purpose and doesn't impact other users.
- To create a consistent and fair approach across all reserves.

Trading in Public Places Bylaw

Trading in Parks and Reserves
To extend the definition of ‘Public Place’ to include parks and reserves. This will bring trading in parks and reserves under the scope of this Bylaw.
- To address inconsistencies in how trading is regulated on reserves.
- To provide greater clarity and consistency for people wanting to trade on reserves.

Title of Bylaw
To rename the existing Public Places Bylaw, to Trading in Public Places Bylaw.

- To improve clarity, and align with the Trading Policy, and to ensure the title more accurately reflects the Bylaws intended purpose.

Options

We've outlined two options to consider for each of the documents. We invite you to review the drafts to help shape your feedback.
Loading...

  • Public Places Bylaw

    OPTION 1 (preferred): Continue the Bylaw with the proposed amendments

    This option improves clarity, consistency, and flexibility while supporting activation of public spaces.

    OPTION 2: Continue the Bylaw with no amendments

    This option would involve keeping the current Bylaw without any amendments. This option would mean that opportunities for improvement identified through the review would not occur.

    Review the draft Bylaw 

  • Trading in Public Places Policy

    OPTION 1 (preferred): Continue the Policy with the proposed amendments

    This option improves clarity, consistency, and flexibility while supporting activation of public spaces.

    OPTION 2: Continue the Policy with no amendments

    This option would involve keeping the current Policy without any amendments. This option would mean that opportunities for improvement identified through the review would not occur.

    Review the draft Policy 

Next steps

Staff will collect and analyse all feedback at the close of the submission period.

The analysis of this feedback will be presented to the Community Committee in June 2026. At this meeting, submitters who want to speak to their written submission will be able to do so.

The Council will then consider all the views and make a decision on the Policy and Bylaw.