Footpath Dining Permit Application

Terms and conditions of Footpath Dining Application

The following conditions are conditions that must be imposed on approvals -

The approval holder, its contractors or agents must -

• ensure all tables and associated furniture used for the purpose of outdoor dining shall be placed and shall remain at all times in the position as indicated on the approved plan;
• ensure that only the approved outdoor dining area shall be utilised at any one time;
• ensure all approved outdoor dining furniture and their environs are to be kept in a clean and tidy manner at all times;
• ensure all tables and associated furniture shall remain on the footpath only during the hours of operation;
• ensure all tables and associated furniture shall be secured by removal and storage inside the premises as proposed, at all times outside the business hours of operation;
• ensure any umbrellas shall be suitably weighted or fixed to ensure there is neither uplift nor damage to property or person, to the satisfaction of the Chief Executive Officer;
• ensure any outdoor dining furniture not approved by the Chief Executive Officer shall not be placed on the footpath at any time;
• ensure any details of any amendments to the approved plan, including any additional furniture shall be submitted for the approval of the Chief Executive Officer;
• be aware that Council reserves the right to amend any conditions of this permit, subject to notification to the permit holder, at any such time it is deemed necessary;
• be aware this permit is at Council discretion and may be revoked at any time either partially or fully;
• ensure all permitted Outdoor Dining activities must be consistent with the Regulations and Standards of the Workplace Health & Safety Act;
• ensure the footpath and road reserves used for Outdoor Dining purposes remain public spaces, even after an Outdoor Dining Permit has been granted within the designated footpath space;
• ensure the furniture provided within the Outdoor Dining establishments cannot be retained for the exclusive use of the patrons of the premises;
• ensure the quarterly invoices issued in relation to the rental fees for the approved area are paid by the due date;
• be aware that the consumption of alcohol within the approved Outdoor Dining area is a separate matter and is the subject of an application with the Department of Tourism, Fair Trading & Wine Industry Development. While there is no objection to the premises to which this permit applies being licensed for the consumption of alcohol at this time, the right to reconsider this position and withdraw support is retained.

For the purposes of section 9(2) of the Local Law, the conditions that may be imposed on a permit are as follows -

(1) The conditions of a permit may, for example -

• restrict activities under the permit to specified days and times; and
• require the holder of the permit to display the permit in a specified position or to produce the permit for inspection on demand by an authorised person or, if the permit relates to a State-controlled road, a person authorised by the chief executive; and
• require the holder of the permit to take specified measures to protect the safety of persons who may be involved in, or affected by, the activities authorised by the permit; and
• if the permit authorises the holder to use a specified part of a road for carrying on a business - require the permit holder to pay specified rental to the local government at specified intervals.
  Example of a condition under subsection (2)(g) -
  If a permit authorises use of a road for serving food or drink, the condition could, for example, require the permit holder to provide and maintain receptacles for waste and to clean the area thoroughly at the conclusion of business on each day.
• the holder of the permit must take out a public liability insurance policy to the value of TWENTY MILLION DOLLARS ($20,000,000.00) with the local government being endorsed as an interested party; and
• the holder of the permit must comply with the provisions of the Public Health Act 2005 and the Food Act 2006; and
• the holder of the permit must not adversely obstruct the movement of vehicles and pedestrians along the road; and
• the holder of the permit must ensure that the activity (including any disposal of waste water as part of the activity) does not cause a danger or nuisance to neighbouring residents or users of the road; and
• the holder of the permit must ensure that the activity does not have an adverse effect on the amenity of the surrounding area; and
• the holder of the permit must not interfere with the existing services located in, on or over a road; and
• the holder of the permit must properly dispose of any waste generated as a result of the activity and provide a rubbish receptacle for customers visiting their business; and
• any advertising signs intended to be erected must be in accordance with any local law or planning scheme requirements relating to the regulation of advertising and advertising devices or any development permit given under the Sustainable Planning Act 2009.

Term of Approval: The term of approval is the period stated on the approval.