Spruiking is using a human voice directly in front of a retail premises to generally promote goods or services to passing pedestrians on a street or in a public place. Spruiking differs from touting, which is more aggressive in nature.
As a business wanting to employ a spruiker outside your premises, the business premises must either hold a spruiking permit, or only employ spruikers who hold a permit.
Touting is not permitted anywhere within the municipality
Touting involves enticing or propositioning individuals to enter a premises and buy goods and is more aggressive in nature.
Eligibility
You can apply online for a spruiking permit as:
- a retail business, allowing you to employ people to spruik outside your business premises
- an individual, allowing you to spruik outside any retail business in the municipality.
Spruiking permits are not available for food or hospitality venues.
Spruiking permits do not allow for the handing out of goods, promotional items or handbills.
Requirements and supporting documents
Permit holders are responsible for ensuring spruiking:
- only occurs directly in front of a retail business, not at an outdoor cafe or in front of a restaurant
- is limited to between 8am and 7pm on weekdays, and 9am and 7pm on weekends
- noise is not intrusive and no sound generating devices are used
- is not amplified in any form, unless specifically approved in the permit
- does not involve any sales occurring in public space.
Spruikers must abide by the permit conditions and the Spruiking Practice Guide 2011 which addresses issues such as the behaviour of the spruiker, interaction with the public and general conditions under which spruikers may operate.
Spruikers who don't comply with the permit conditions or the practice guide could be considered in breach of our Activities Local Law.
Please note that the referenced Activities Local Law 2019 has since been updated to the Activities Local Law 2024.
Amplification proposal
Amplification isn't allowed except in exceptional circumstances.
If you have exceptional circumstances and are requesting permission for your spruiking activity to be amplified, you will need to upload a document that addresses the following:
- whether the spruiking is permanent or temporary (for example, a one-off promotional event)
- what type of amplification is being proposed (for example, does it involve a constant and/or loud spruiking that may cause complaints)
- what will be done to mitigate complaints
- whether amplified spruiking at the proposed site has achieved an iconic status (for example, at the Myer windows)
- whether other positive or distinctive features are to be created by the spruiker.
Public Liability Insurance
You’ll need to provide a copy of your current public liability insurance certificate, with a minimum of $20 million cover for a single claim.
Read more about our public liability insurance requirements.
Fees
The permit fee is $523.
Permits are valid for 12 months from the date of issue.
How to apply
Log in with your registered customer account or create an account to apply online for a spruiking permit.
Apply for spruiking permit
Penalties for spruiking without a permit
Penalties apply under our Activities Local Law 2024 for spruiking without a permit or in breach of the permit conditions.
Penalties may include:
- suspension or cancellation of the permit
- temporary or permanent refusal of future permits
- an infringement notice with a fine of 5 penalty unitsOpens in new tab.
If a person is found spruiking with an amplifier without approval, the spruiker and the owner or manager of the business will be issued a notice to comply with the local law and must stop immediately. Failure to comply will lead to further enforcement action.
