Any Council approved outdoor dining or sidewalk cafe within the footpath, road reserve or flood wall areas are required to have a license. Council has, in consultation with interested parties including business premise establishments, adopted a policy of Outdoor Dining 2001.
Purpose
These guidelines are to outline and help the process of obtaining permission to operate an outdoor dining facility. A full copy of Council’s
policy and Application for Licence is available from Council.
Definition
A sidewalk cafe or outdoor diner is an area within road reserve where patrons may consume food and/or beverages provided by the adjacent food service establishment. Such establishment may either provide table service in the outdoor areas or sell take-out food/beverages to be consumed in such area.
Dining licence
A renewable dining licence is required for providing outdoor dining facilities and the license is not transferable.
Conditions of the licence
- The applicant is required to submit a detailed site layout plan and written consents from adjoining premises.
- There is to be a pedestrian clearway of a minimum of 2.0 metres at all times.
- Design and style of the area shall be in keeping with the existing streetscape.
- All costs association with the application and development is on the applicant.
- Licensee shall not permit anything in or upon the area to be or become a nuisance or annoyance, or cause damage to the owners or occupiers of other nearby property or users of the adjoining road or footpaths.
- Licensee will be responsible for keeping the area clean, safe and tidy with no excessive noise, fumes, odours or other objectionable actions or activities.
- Licensee shall control the litter within 15m either side of the dining area fixtures or any other objects should not be erected as they could compromise the safety of pedestrians or vehicles.
- Licensee is required to comply with all Acts, Regulations, Bylaws, Ordinances and lawful rules.
- Table umbrellas shall be permitted if they are firmly secured against the wind and the position does not obstruct or impede access or visibility to pedestrians or vehicles and they do not protrude outside the licensed area.
- If the license is not renewed, the area must be returned to the original state at full costs to the licensee.
- Furniture shall be removed at the end of each business day.
- Lighting fixtures shall not be glaring to motorists or pedestrians. Written permission must be obtained from Council prior to their installation. Battery operated lamps or candles will be permitted.
How to get a licence
A copy of the Outdoor Dining Policy and Licence Application form is available from Council.
Rental
There is a rental fee based on the square meterage used and is payable every 6 months in advance. The rental fee is reviewed during the Annual Plan Process.
Note: If in the future the area is not required the license is revoked. The area must be returned to its original condition at the cost of the licensee.
Other information
Please refer to the Obstacles on Footpaths>> policy for further information on:
- Obstacles on the footpath
- Articles on the footpath
- Sandwich boards, signs and banners
- Dining and picnic tables
- Advertisement upon bus shelters
- Work upon, over, adjacent and under road reserve area
Applications
When submitting an application, you should include the following information:
- Detailed site plan showing the position of street, footpath and business premises in relation to the proposed outdoor dining area.
- Design plan and layout of the proposed dining area.
- Written consents from adjoining premises.
- Evidence that public liability insurance cover is in place in terms of Clause 6(2) and 6 (3) of the licence conditions.
- A bond of $500 + GST in terms of Clause 7 (2) of the licence conditions.