Permit: Outdoor Eating Area Permit

Outdoor Eating Area Permit

According to the Trading in Public Places Local Law 2008, Outdoor Eating area means an outdoor eating facility or establishment on any part of the a public place in which furniture is provided for the purpose of the supply of food or drink to the public or the consumption of food or drink by the public, but does not include such a facility or establishment on private land.

You can conduct an outdoor eating area on the footpath area in front of your premises providing it is operated in conjunction with an approved food business (such as a café or restaurant) and you may extend this outdoor eating area in front of the adjacent tenanted business, if you have obtained permission from the owner of the business. You may also extend the outdoor eating area in front of an adjacent vacant business, if you have obtained permission from the owner of the tenancy.

Before you start your application, there are a few requirements you need to be aware of, including:

  • You will need public liability insurance with a minimum of $10 million coverage that specifically includes using the footpath for this type of activity (you need to upload your Certificate of Currency as part of your application so please make sure you have this with you);
  • Outdoor eating areas located on the footpath must be located either within the frontage or kerbside zone (see Figure 1. below);
  • Outdoor eating areas associated with a COVID-19 Temporary Parklet must adhere to the COVID-19 Temporary Parklet Guidelines;
  • A minimum 1500mm continuous clear pathway for pedestrians must be provided;
  • Frontage zone only if the speed limit on your road is 60km/per hour or more, if your business is on Charles Street and/or you are located within 10 metres of a corner);
  • All items you place on the footpath for your outdoor eating area (tables, chairs, pot plants etc) must be removed from the footpath at close of business each day;
  • Does not obstruct the visibility or clear sight lines of any person at an intersection of thoroughfares; and
  • Does not impede pedestrian access.

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If you meet the above requirements then you can continue with the online permit application.

If you are unsure, or know you cannot satisfy the above requirements or provide this information, please contact the City on 9273 6000 for more information.

*Please allow 15 minutes to complete this application. You will not be able to save and return to it later.

I verify that my public liability insurance policy has a minimum liability limit of $10 million (ten million dollars) and that the policy covers my usual business activities including the provision of an outdoor eating area/display of goods/display of signage on footpaths or other trading places which may or may not be under the ownership, care, custody and control of the City of Vincent.*
I confirm that valid planning approval is held (where required) for the land use associated with this permit.*
I declare that I am the legal occupant of the property detailed in this application and that I am duly authorised to make this application on behalf of the business’*
I am aware of all of the requirements and obligations under the Trading in Public Places Local Law 2008/Local Government Property Local Law 2021 and agree to comply with these.*
I agree to indemnify the City in respect of any injury of any person or any damage to any property which may occur in connection with my use of the public place as an outdoor eating area.*
Within the past 5 years, I nor the business for which this permit is being sought, have been committed of a breach of any provisions of the Trading in Public Places Local Law 2008*
I, nor the business for which this permit is being sought, are an undischarged bankrupt or in liquidation.*
I, nor the business for which the permit is being sought, have entered into any composition or arrangement with creditors.*
I, nor the business for which the permit is being applied for, have appointed a manager, administrator, trustee, a receiver or a receiver and manger in relation to any part of my person, or the business for which the permit is being applied for, undertakings or property.*
I confirm that there are currently no trading activities occurring in the public space the subject of this application (if this application is to renew a permit, this is aside from the activity the subject of this application).*
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Additional information relevant to your application

Please provide us with a site plan clearly showing the location of your business if you intend to apply for a liquor license to serve alcohol in the outdoor eating area. The plan must match your development approval otherwise there may be delays in your application for a Section 40 Certificate. The approved outdoor eating area plan will be emailed to you following verification by the City.

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I warrant that all of the information provided within this application is correct and complete to the best of my knowledge.*

The permit holder shall:

  • Ensure that the outdoor eating area is conducted at all times in accordance with the provision of this local law, Health Local Law 2004 and the Food Act 2008;
  • Maintain a minimum 1500mm clear pedestrian zone which is clear of any structures including bins, signs and the like. The clear pedestrian zone must align with the clear pedestrian zone in front of neighbouring properties to ensure pedestrians have a clear and uninterrupted access along the footpath;
  • Maintain a minimum 600mm kerb buffer between the kerb and start of the kerbside zone;
  • Ensure all furniture and items associated with the outdoor eating area have been properly erected and are safe, well maintained, free of protrusions and sharp corners;
  • Remove all furniture and items associated with the outdoor eating area at close of business daily;
  • Ensure that the outdoor eating area is kept in a clean and tidy condition at all times;
  • Maintain the furniture in a good, clean and serviceable condition at all times;
  • Maintain uniformity in sections of streets to ensure clear pedestrian access and aesthetic appeal;
  • Be solely responsible for all and any costs, reinstatement or reconstruction of any part of the public place arising from the conduct of the outdoor eating area;
  • On the expiration of or cancellation of a permit to establish or conduct an eating area, the permit holder shall at his or her cost, reinstate or restore the public place on which the outdoor eating area is conducted, to a condition consistent with its condition prior to the commencement of the outdoor eating area and which is to the City’s reasonable satisfaction;
  • Undertake any works at their own cost required to be carried out arising from or in connection with the setting up or conduct of the outdoor eating area, when requested to do so by the City;
  • Remove the outdoor eating area when requested to do so on reasonable grounds in the event of an emergency, or works required to be undertaken to the public place;
  • Provide access to toilets for patrons of the outdoor eating area;
  • Maintain public liability insurance with a minimum $10 million liability through a reputable insurance company for the duration of the permit.

 

Outdoor Eating area specifications

  • Pot plant containers should be a minimum height of 600mm, a maximum height of 750mm, a maximum length of 1000mm and a minimum width of 350mm. Pot plants in the frontage zone should abut the building;
  • Screens and barriers shall not be more than 900mm high, have the visual or apparent effect of enclosing the public place and cause visual obstruction or injury or affect public safety or the amenity of the area.

I am aware of all of the requirements and obligations under the Trading in Public Places Local Law 2008  and agree to comply with these.

I am aware of all of the requirements and obligations under the Trading in Public Places Local Law 2008 and agree to comply with these.*

*By submitting this application you agree to comply with the terms and conditions contained within this permit.

 
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