Council draws a line… in the sand

Sandcastle man, Arron McCormick, had his operation shut down recently and he may not be able to return. 123503

By JONATHON HOWARD

DEBATE is raging over the sandcastle man, Arron McCormick, who was asked to cease construction of his sandcastles on Noosa Main Beach last week.
Noosa Today has received dozens of letters voicing their support for Mr McCormick, who has been a regular sandcastle sculptor visiting Noosa since September 2002.
However, Mr McCormick was not just constructing sandcastles when he was asked to cease his business operations by the Noosa Council’s local law officer on Monday 7 July.
Mr McCormick was also selling postcards and images of his sandcastles, which meant he was acting as a street vendor on Main Beach and not a street performer.
It has also been alleged that Noosa Council received a complaint in relation to Mr McCormick, after he chased down an onlooker who took a photo without making a donation.
However, Mr McCormick has denied he ever confronted an onlooker disputing a donation and said council has never approached him with any concerns.
“That’s completely false,” he said.
“All I ever do is say ‘hello’ to passersby, I’ve never confronted anyone for money – there’s people taking photos all the time here, how could I chase them all down for money.”
Mr McCormick has also apologised for acting “inappropriately” towards the council’s local law officer.
“It did get heated and I said some things I didn’t mean,” he said.
“I’d like to apologise for saying those things – I was caught off guard and was halfway through the sandcastle that day which was frustrating for me.”
Mr McCormick said he understood the delicate balance required to maintain Noosa’s Main Beach.
He was now in the process of applying for a street performers permit to continue his sandcastles creations on Main Beach.
Council has not yet confirmed whether the permit will be approved, but it was submitted by Mr McComick on Friday, 11 July.
But insurance costs are still threatening to force Mr McCormick off the beach and he’s hoping Noosa Council will assist.
“I just hope I can get some support with insurance from council, as the costs can be really limiting,” he said.
A Noosa Council media spokesman said it was important that Council ensured public areas are relaxed, clean, safe and accessible.
“This means some level of regulation is needed so it is not overrun by vendors and others using it for commercial purposes, and because of public liability insurance issues,” he said.
“Noosa Council is not against busking, and in many instances this is encouraged, but there is a clear distinction between busking and unlicensed, uninsured street vendors.
“The council has street performance guidelines, under these guidelines a street performer is not permitted to sell – or offer for sale – goods on public land.
“You can imagine what would happen if anyone was allowed to operate a commercial business, without a permit, on public land on one of the most popular beaches in Australia.”
According to Noosa Council, the guidelines define street performance as “the practice of presenting live performances in public places to entertain people. Artists usually collect voluntary donations from the audience”.
“Street performance does not include a person who sells, offers or exposes for sale any article or commodity, or performs on behalf of any political or religious organisation.”
Noosa Council has also cleared up any concerns regarding the sandcastle creations.
“Anyone is welcome to build a sandcastle on our beaches.
“If you want to run a commercial business, sell merchandise, or busk, you need to have a permit,” the spoke’s person said.