Free Lectures" Australia's successful experience in food safety legislation and rule of law (11): The micro-governance mechanism of local councils in which open-air dining licenses and corridor rents are inversely linked

Vulnerabilities in the rule of law in urban governance are often hidden in the recessed corridors and arcades in front of stores. Businesses often occupy pedestrian space on the grounds of private property rights, causing obstruction to public access. However, in Australia, as long as it is included in a public access easement, the right of use belongs to the entire public. This article explains how local councils can use the concession system to inversely link corridor rents to prevent private occupation.

In imperfect urban micro-governance, store owners often use "private property rights" as an excuse to extend commercial signs, tables, chairs, and dining carts into recessed corridors or sidewalks.

The most common phrases include:

• "This is my family's land" • “Government cannot interfere with private property rights” • "It is difficult for small shops to survive, so they should be accommodating."

However, in the common law system, as long as the space is included in the public right of way easement (Public Right of Way Easement) by urban planning, its right to use belongs to the entire public, private property rights must abdicate, and businesses are not allowed to occupy it without authorization.

If the administrative system is accommodating to this, pedestrian rights of way will suffer, sanitation and oil fumes outside stores will be out of control, public safety will be black holes, and the dignity of the rule of law will completely collapse at the lowest level on the streets.

Legal custody of public assets: concession access system for local municipalities

In order to completely cut off the loophole of "private property rights covering commercial occupation", Australia's Local Government Act established a Permit System and an easement management system.

The "zero declaration of use rights" principle of private property rights:

Even if the land in the corridor belongs to the owner in the property ownership certificate, businesses are absolutely prohibited from placing any items, including tables, chairs, signs, potted plants, and food trucks, without the approval of the city government. Private property rights do not constitute any exemption.

The municipal government is responsible for: public traffic safety, space use review, license issuance, rent calculation and reverse audit, as well as violation fines and license withdrawal.

If businesses want to use corridor space, they must apply for a concession license, pay corridor rent, undergo regular inspections, and comply with public safety regulations. This system prevents public spaces from being occupied by businesses.

Local municipal governments in Australia adopt a "reverse rent checking" system:

• The more public space used by businesses → the higher the rent • If a merchant occupies illegally → the fine will be doubled • If the merchant fails to apply → be removed immediately and fined

The core spirit of this system is: public space belongs to the people, businesses must pay for use, and private property rights must not override public sovereignty.

Corridor rents are reversely linked, making the value of public space institutionalized rather than commercialized.

Australia’s urban micro-governance demonstrates a highly mature legal logic:

Private property rights cannot become a talisman for occupying public space; public access easements cannot be eroded by commercial capital; local municipal governments must maintain public sovereignty by inversely linking concession access systems with rents.

Food safety, public safety and urban order all start on the sidewalk.

Australia uses institutional engineering to ensure that the rule of law on the streets is no longer undermined by the rhetoric of "this is my land".

Source:

1. Local Government Act 2020 (VIC) – Public easements and trusteeship of local councils. 2. Road Management Act 2004 (VIC) – Statutory rights of use of footpaths and public spaces. 3. City of Melbourne — Outdoor Dining and Trading Guidelines — Outdoor dining license and corridor rental system. 4. City of Melbourne — Public Space Management Policy — Regulations on the use of public spaces and handling of violations. 5. Food Act 1984 (VIC) – Food safety and EHO audit powers in the catering industry. 6. Environmental Health Officer (EHO) Operational Standards - Hygiene and inspection requirements for open-air dining. 7. Victorian Planning Provisions — Public Realm Standards — Public space planning and business occupancy restrictions.