Commercial activities, photography & busking
The Esplanade is a popular location for commercial activities, professional photography and filming, and busking. You will need a permit to conduct these activities and follow the related rules and guidelines.
The information below covers commercial activities, professional photography and filming and busking on any Council land, including the Esplanade. Please note there is a specific application to conduct commercial activities on the Cairns Esplanade ( DOCX, 0.08 MB ).
We want Cairns to be known as the arts and culture capital of Northern Australia. We encourage busking as it contributes to a vibrant and lively street culture. We welcome local, national and international performers who specialise in providing friendly and welcoming entertainment for all ages.
Busking is a person (or group of people) performing within a public place in exchange for a donation. Buskers need a permit to busk and are asked to follow some simple rules to ensure equal opportunities for performers while respecting the people using our public areas.
Council manages busking that occurs in public spaces or places such as the Cairns CBD, parks or markets. Note: we do not manage busking on private property such as shopping centres or restaurants.
Refer to our Best Practice Management Policy for Busking ( PDF, 0.44 MB ) for full details of our busking guidelines and requirements.
Busking is regulated under Council's Local Laws and these guidelines are to be read in conjunction with:
Council allows busking in 2 categories:
- Category A – low risk activities such as playing a musical instrument, dancing, singing, puppetry, miming or other acts of a similar nature.
- Category B – higher risk acts that use dangerous materials or instruments eg balance, juggling or circle acts; pavement art performances; and those using percussion or noisy instruments. Buskers performing Category B activities must show that they are aware of the risks associated with their performance and have taken steps to protect themselves, their audience, other people and public property. They must have their own Public Liability Insurance for $20 million.
The following examples are not considered busking and are not allowed.
- Begging;
- Advertising or promotion of goods;
- Salespersons of any kind soliciting money for any purpose;
- Fundraising for events, even if they include a performance element;
- Touting or spruiking;
- Political rallying;
- Religious spruiking;
- Face or body painting;
- Tarot card reading, palmistry and fortune telling;
- Massage, chiropractic treatment or any other physical manipulation;
- Artists displaying pre-fabricated artworks or goods or displaying pre-fabricated displays.
Buskers need a permit to busk. There are two kinds of busking permits, and both permits are free.
Council does not issue group permits; each member of a group must submit an individual application form.
We can issue an on-the-spot fines of $630 for busking without a permit or breaching busking permit conditions. We can also cancel an existing busking permit and/or refuse to renew a busking permit.
Initial Permit
An Initial Permit is for four weeks (unless otherwise stated) and will be issued if the busker has not had a permit before.
Buskers performing Category A activities can apply for an Initial Permit. You are required to audition for an Initial Permit to show that you have a performance-ready repertoire.
Buskers performing Category B (higher-risk) activities are not eligible for an Initial Permit and must apply for a Standard Permit.
Standard Permit
After 4 weeks, Category A buskers can apply for a Standard Permit which lasts for 12 months.
Buskers performing Category B (higher-risk) activities must apply for a Standard Permit. They must show they understand the risks associated with their performance and have taken steps to protect themselves, their audience, other people and public property. Category B buskers must have their own Public Liability Insurance for $20 million.
Fill in a Busking Permit Application Form ( DOC, 0.21 MB ) and book an appointment with our Esplanade Office during business hours on 07 4044 3715 to submit your form and audition. Please note that our Esplanade office is not open for walk-ins.
You must submit a proof of identity document with your Busking Permit application form. Identification must include your name, a recent photograph and your residential address. If your documents are not in English (eg overseas driver’s licence), you must also bring a full English translation of the document.
If you are under 16, you will require signed consent from a parent or guardian.
Audition
Buskers applying for an Initial Permit must audition before a permit can be issued. You must have a performance-ready repertoire sufficient for a 50-minute set, without undue repetition.
Auditions are a way for Council to ensure a high standard of street performance and ensure that busking equipment, props and materials are safe and appropriate.
You will be given a date and time for your audition when you submit your permit application.
Council manages busking that occurs in public spaces or places such as the Cairns CBD, parks or markets.
A busking permit allows you to busk at any of the CBD locations on the map. Please note there are a limited number of locations where noisy or dangerous acts are allowed.
If you wish to busk in an area not on the map, or outside the CBD, please specify the location on your busking application.
Note: Council does not manage busking on private property such as shopping centres or restaurants. If you wish to busk at a shopping centre, you will need to get permission from Centre Management.
Busking is permitted between 8am and 11.50pm, 7 days a week.
Performances are for 50 minutes, starting on the hour. Buskers have 10 minutes to set up and 10 minutes to set down.
Buskers can only busk once at any location but can busk at multiple locations on any one day.
Set up time | Performance time | Set down time |
---|---|---|
7.50am | 8-8.50am | 8.50am |
8.50am | 9-9.50am | 9.50am |
9.50am | 10-10.50am | 10.50am |
10.50am | 11-11.50am | 11.50am |
11.50am | Noon-12.50pm | 12.50pm |
12.50pm | 1-1.50pm | 1.50pm |
1.50pm | 2-2.50pm | 2.50pm |
2.50pm | 3-3.50pm | 3.50pm |
3.50pm | 4-4.50pm | 4.50pm |
4.50pm | 5-5.50pm | 5.50pm |
5.50pm | 5-6.50pm | 6.50pm |
6.50pm | 7-7.50pm | 7.50pm |
7.50pm | 8-8.50pm | 8.50pm |
8.50pm | 9-9.50pm | 9.50pm |
9.50pm | 10-10.50pm | 10.50pm |
10.50pm | 11-11.50pm | 11.50pm |
To renew your permit, please book an appointment with our Esplanade office during business hours on 07 4044 3715. Please note that our Esplanade office is not open for walk-ins.
You do not need to complete a new application form, but you will be asked to confirm via signature that your previous details remain true and correct. You will also need to produce the required identification - including your name, a recent photograph and your residential address - before we will renew your permit.
You will not need to audition again unless your performance changes. For example, if you have a Standard Permit for singing with a backing tape but want to change your performance to include drums, you will need to audition.
Public Liability Insurance is designed for professionals who interact with customers or members of the public. It protects against claims of personal injury or property damage that a third party suffers (or claims to have suffered) as a result of your business activities.
Category B busking performers (those involving dangerous materials or implements*) must obtain their own Public Liability Insurance of $20 million. You will need to provide a copy of your Public Liability Insurance Certificate with your permit application.
If your performance does not include the use dangerous materials or instruments, you do not need to obtain individual Public Liability Insurance.
* Dangerous materials include flammable materials and chemicals, fire, fireworks, smoke, flairs, heated elements or anything giving off a level of heat or toxicity that poses a threat of harm or damage to members of the public and public property. Dangerous implements includes knives, spears, swords, spikes and sharp implements of any kind that pose a threat of harm to the general public.
If you are under 16, you will require signed consent from a parent or guardian when you submit your permit application.
When performing, buskers aged 16 years and under must be supervised by a parent or guardian at all times.
You can report a problem busker online. Please provide as much detail as possible about the busker and their behaviour so Council can take appropriate action. If the situation is an emergency, for instance a busker poses and immediate threat to you, your business or members of the public, phone 1300 69 22 47.
Council can cancel a busker's busking permit if they do not follow the permit conditions or behave in a way that makes other buskers, members of the public, businesses or residents afraid or uncomfortable. This includes bullying other buskers; swearing or using vulgar language; inappropriate behaviour or sexual innuendo; nudity or revealing clothing; and any physical or verbal abuse or harassment.
Businesses can be given approval to undertake a range of commercial activities on Council-controlled community land in the Cairns region, where it benefits the area and local residents.
If you are interested in conducting business activities on public land, you need to apply for a permit.
Council's Best Practice Management Guideline for Commercial Use of Public Open Space ( PDF, 0.23 MB ) details how to we balance the value the community places on public open space with increasing demand from small businesses to use those spaces for commercial activity.
General Activity Permit
A General Activity Permit ( PDF, 0.26 MB ) is required for many different activities including (but not limited to):
- Personal training and fitness activities
- Recreational health and fitness classes (eg Zumba, running, group fitness)
- Tours
- Stationary roadside vending
- Hire of equipment such as paddle boats and canoes
- Fun Runs
- Markets
- Community march/rally
- Fundraising
- Goods for sale on footpath outside the CBD
Temporary Entertainment Event Permit
A Temporary Entertainment Event is any social, sport, community or entertainment event that is open to the public, requires exclusive use of an area (indoor or outdoor).
Examples of temporary entertainment events include but are not limited to a concert, live music or entertainment or festival.
You must complete the Application for Temporary Entertainment Event form ( PDF, 0.38 MB ) whether your event is being held on private land or on public (Council-controlled) area or road, and whether there is an entry charge or not. If you wish to close a road, lane or Council car park/parking bay, you must also apply for an application for temporary road closure.
You do NOT need to complete this form for private parties, functions or activities.
Permits for other business activities on public land
Separate permits are required for:
- Commercial photography and filming
- Footpath dining in the Cairns CBD
- Activities on the Cairns Esplanade ( DOCX, 0.08 MB ) eg commercial health and fitness activities (maximum of 50 clients), tours, amusement activities and rides, and vending.
Permits are considered on a case-by-case basis and will include strict conditions to ensure public safety and protection of Council's assets. Organisers may be required to submit a Risk Management Plan, Waste Management Plan and a Public Liability Certificate prior to a permit being issued.
Be aware you may need additional permits and approvals, for instance if you are selling or offering food or broadcasting music.
Fees and charges vary depending on the type, duration and location of the activity.
Fireworks
Fireworks displays can only be performed by professional contractors who are licenced by Queensland Government under the Explosives Act. Only licensed fireworks contractors are legally allowed to put on displays in Queensland using approved firework products.
Unlicensed use and possession of fireworks (other than unrestricted items such as sparklers, bonbons, streamer cones or caps for toy pistols), is an offence. Offenders can be fined, face imprisonment and risk severe injury.
If you plan to have fireworks at your event, you will need to engage an appropriately licensed fireworks contractor. They need to submit a Fireworks notification form to Queensland Government at least seven calendar days before the event.
Approved upcoming fireworks display dates are listed on the Queensland Government's website.
Fireworks displays can only be performed by professional contractors who are licenced by Queensland Government under the Explosives Act. Only licensed fireworks contractors are legally allowed to put on displays in Queensland using approved firework products.
Unlicensed use and possession of fireworks (other than unrestricted items such as sparklers, bonbons, streamer cones or caps for toy pistols), is an offence. Offenders can be fined, face imprisonment and risk severe injury.
If you plan to have fireworks at your event, you will need to engage an appropriately licensed fireworks contractor. They need to submit a Fireworks notification form to Queensland Government at least seven calendar days before the event.
Approved upcoming fireworks display dates are listed on the Queensland Government's website.
Last Updated: 22 November 2023
Latest News > All News
CEO finishes at Cairns Regional Council
Chief Executive Officer Mica Martin has resigned from her role at Cairns Regional Council....
Australia’s best loved scientist coming to Ecofiesta
The country’s best known and most charismatic scientist is coming to town as a special guest of Cairns Ecofiesta 2024....
Council services and road closures for Anzac Day
Cairns Regional Council advises there will be changes to services and road closures on Thursday associated with Anzac Day....