1. Requirements to note
1.1. NYE 2023 reserves the right to cancel involvement in the event at any time.
1.2. Completion of this form does NOT guarantee entry to NYE 2023.
1.3. Upon successful application, NYE 2023 and the catering operator agree to the Terms & Conditions set out by the catering operator and the City of Melbourne.
1.4. It is a requirement that all selected participants complete a Risk Management Assessment as per City of Melbourne guidelines/requirements. Details will be provided to successful applicants.
1.5. Please ensure your EOI submission is completed correctly and all relevant documentation attached.
1.6. Notifications of the status of applications are sent via email by Friday 15 November 2023. Information will not be available prior to this date. The City of Melbourne is not obliged to select all or any proposal submitted in response to this invitation.
2. Selection criteria
2.1. All Catering operators must be fully self-contained and self-sufficient. Catering operators must be mobile and are not permitted to operate out of a marquee on-site.
2.2. Due to the large number of suppliers expressing interest in NYE 2022, we cannot guarantee your selection.
2.3. NYE 2023 takes into account many factors upon making final selection. These may include but are not limited to: catering contractor size, the number of contractors applying and style of catering,
2.4. The selection decisions made by NYE 2023 management of elements including but not limited to: final selection, site allocation and site fees, is final and at NYE 2023 management discretion. No further correspondence after final selection will be entered into.
3. Indemnity and insurance
3.1. The catering operator/s agrees to indemnify and to keep indemnified the Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, arising from the catering operator/s’ performance or purported performance of its obligations under this agreement and be directly or indirectly related to the negligent acts, errors or omissions of the catering operator/s.
3.2. The catering operator/s’ liability to indemnify the Council shall be reduced proportionally to the extent that any act or omission of the Council, its servants or agents, contributed to the loss or liability.
3.3. If selected, the catering operator/s must effect and maintain adequate insurance/s to cover their legal and/or contractual liabilities arising as a result of their participation in "New Year's Eve" activities, including Public Liability insurance to a minimum of $20 million per incident. Insurance/s must be underwritten by insurers authorised to conduct insurance business in Australia and be appropriately endorsed to cover the service provider/s "New Year's Eve" activities. Proof of insurance will be requested by the Melbourne City Council when appropriate.
4. Other
4.1. No signage is permitted at NYE 2023 without written approval from NYE 2023 management.
4.2. Catering operators must operate during event times specified in contract unless otherwise agreed to with NYE 2023 management.
4.3. The lawful directions of members of the Victoria Police, authorised Council Officers, NYE 2023 management, staff and crew must be complied with at all times.
4.4. The event organisers take great care in planning and presenting a safe and happy event. However it is understood that in being involved in NYE 2023 the catering operator agrees to fully indemnify the City of Melbourne against any claim laid against it, either by members of the public or persons engaged in any activity associated with the event who, as a result of the event, suffer personal injury, property damage or financial loss.
4.5. The catering operator/s must advise NYE 2023 management immediately if there are any changes to their participation.
4.6. The catering operator/s agrees that their image and/or voice as recorded, photographed or filmed during the festival may be broadcast or published by the promoter in any media. This includes but is not limited to: TV, Radio, Internet, Magazine, or any other advertising in connection with the New Year’s Eve event and any future City of Melbourne event, and those participants will not be entitled to any fee for such use.
4.7. The NYE 2023 site is an alcohol and smoke-free zone. Smoking is not permitted nor shall a participant or visitor consume alcohol on the site, bring alcohol to the site or be under the influence of alcohol or any illicit drug on the New Year’s Eve site.
4.8. All catering operators engaged by the City Of Melbourne must conform to the requirements of the
Occupational Health and Safety Act (Victoria) 2004, Local Government Act and any Local-Laws, or Regulation made there under and shall be liable for any breach of such Acts, Local Laws, or Regulations. All other Acts, Statutory Rules, Provisions and Regulation of the Commonwealth of Australia or State of Victoria, for the time being in force shall be complied with.
4.9. The personal information supplied on this application is required in order to provide the service requested. It will be used by City of Melbourne Council staff and stored in our record system for only as long as necessary. During this time, it can be accessed and amended by you, and will only be given to third parties with your consent or as required by legislation.
4.10 The catering operator/s contractors are obliged to keep their work areas and surrounds clean and tidy throughout the event.
4.11 The catering operators of temporary food premises consent to the disclosure of all information or publication of documents relating to the temporary food premises which may be revealed or contained as a result of an inspection and/or sampling conducted in relation to the food Act 1984 during NYE 2023 by authorised officers of the City of Melbourne Health and Wellbeing Branch.