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					TRIM NUMBER:                                           REVISION:           PAGE 1
                                                       DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                       REFERENCE: AUBURN COUNCIL
                                                     MANUAL OF STANDARD
                                                     PROCEDURES
DATE ADOPTED:                          AUTHOR: DIRECTOR,       AUTHORISATION:
                                       WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING


OBJECTIVES

Outdoor dining makes a significant contribution to the quality of public places and urban life.
It is important that outdoor dining activities present an open, inviting image which does not
negatively impact on public access or public safety.

The objectives of the policy are to:

         encourage the establishment of outdoor dining, on public footpaths and public
         domain areas located adjacent to restaurants licensed under the Food Act 2003,
         throughout the Auburn Council area; and
         provide simple procedures and urban design guidelines to encourage the
         establishment of outdoor dining areas in Auburn.

Right to Approve

Although this policy demonstrates a desire by Council to encourage outdoor dining,
Council will only consider outdoor dining licences for restaurants as defined.
Council is not obliged and under no legal obligation to grant an outdoor dining
licence.

Unauthorised Works

No works are to be carried out within the licensed area without the prior approval of Council.
Any such unauthorised works shall be removed at the operator’s expense.

Area to which the policy applies

This outdoor dining policy covers all of the Auburn Council Local Government Area (LGA).
The policy applies to all outdoor dining areas where food and beverages are served and a
development application and/or licence is required.
TRIM NUMBER:                                            REVISION:          PAGE 2
                                                        DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                     REFERENCE: AUBURN COUNCIL
                                                   MANUAL OF STANDARD
                                                   PROCEDURES
DATE ADOPTED:                        AUTHOR: DIRECTOR,       AUTHORISATION:
                                     WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING

DEFINITIONS

The following definitions apply for the purposes of this policy:

Restaurant              A premises in which food is regularly supplied on sale to the public
                        for consumption on the premises, licensed under the Food Act

Licensed under          The business is to be registered with Council and the NSW Food
the Food Act 2003       Authority

Business                A building or place used for the purpose of selling goods.

Council                 Auburn Council

Footpath                That part of a road as is set aside or formed as a path or way for
                        pedestrian traffic

Proprietor              Operator of the registered business being carried out on the
                        premises

Licensee                The person to whom the outdoor dining licence has been issued

Outdoor Dining Area     A designated area, generally on a footpath, but may also be within a
                        plaza, square or other public open space, adjacent to a restaurant
                        used for the purpose of outdoor dining, in accordance with
                        development consent granted by Auburn Council and an approval in
                        force under section 125 of the Roads Act 1993

Outdoor Dining Bay      A designated area adjacent to a restaurant at 63 Auburn Road,
                        Auburn, which is used for the purpose of outdoor dining and the
                        subject of an approval in force under Section 125 of the Roads Act
                        1993.

License Area            The outdoor dining area




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TRIM NUMBER:                                           REVISION:            PAGE 3
                                                       DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING


REQUIREMENTS

Application Process - General
The application process for outdoor dining activities and associated structures is outlined in
this section.

Applicants wishing to undertake outdoor dining will need to apply for development consent.
In addition to development consent, any outdoor dining activity on Council owned land also
requires licence agreement. If your development application is approved, you will then need
a licence agreement in accordance with the conditions of your development consent.
Any business intending to serve alcohol in an outdoor dining area requires a separate
licence under the Liquor Act. Further information can be obtained from the Liquor
Administration Board.

The General Manager has delegated authority to authorise lodgement of a development
application, if required and approval of a licence for the establishment of an outdoor dining
area on all roads except classified roads.

DEVELOPMENT APPLICATIONS (DAs)

Required Documents

Applicants need to provide the following details with all development applications:-

         An acceptable scaled diagram, with clear dimensions of the proposed seating area
         showing:

               the location of the outdoor seating area, and the adjoining, Council approved
               (“parent”) restaurant;
               street numbers of neighbouring tenancies;
               details of layout of the proposed furniture including chairs, tables, umbrellas,
               lighting, heating devices, barriers, planter boxes and the like;
               details of colour, style and material of proposed chairs, tables, umbrellas,
               barriers, including details of any proposed advertising and or signage on
               barriers (refer to the section of this policy on Advertising and Signage); and
               location of all existing street/footpath fixtures including trees, landscaping,
               public seats, traffic signs, poles, street lights, bins and the like.

Applicants may use the generic plan attached as Appendix 4 as a base for preparing their
plans.




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TRIM NUMBER:                                           REVISION:           PAGE 4
                                                       DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING


DA Notification

The Council will notify adjoining owners of the development application in accordance with
Council’s Notification of Development Proposals Development Control Plan (DCP).

The development application must be approved prior to the granting of the licence. Where
an application is approved, a notice of determination will be sent to the applicant, detailing
the conditions of the development consent.

Conditions of Approval

The applicant must comply with the conditions set out in the development consent. Non
compliance will result in enforcement action in relation to the development approval.

DA Fees

Development application fees are waived for outdoor dining.


APPLYING FOR A LICENCE

On receipt of development consent for an outdoor dining activity, applicants must apply to
Council for a licence in accordance with their development consent.

Licence Fees

A monthly licence fee, payable in advance, will be charged to the licensee on the basis of a
rate per metre squared of footpath dining area or dining bay area occupied for the purpose
of conducting outdoor dining (in accordance with Council’s Schedule of Fees & Charges).

Bond

The licensee shall not cause or allow to be caused any damage to any part of the licensed
area or any furniture subject to the licence. In the event of any damage occurring, it is to be
repaired or restored at the licensee's cost.

The licensee is required to lodge a bond in cash equivalent to 3 months rental (minimum
$200) before signing the licence. Such money will be refunded following termination of the
licence by either party, subject to Council being satisfied that no repairs/restoration to
Council’s infrastructure are required or outstanding licence fees exist.




                                                                                             4
TRIM NUMBER:                                           REVISION:            PAGE 5
                                                       DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING

Insurance

The proprietor is required to hold a current Public Liability Insurance Policy to the amount of
$10 million, which specifically indemnifies the interests of the Council against any damage
that may arise out of the outdoor dining activity. Such cover to be varied at the discretion of
the Council and the licensee will provide proof of renewals.

Legal and Other Costs

The licensee is required to pay all legal and other costs incurred by Council in the
preparation and execution of the licence.

Any additional legal and other costs incurred by Council will be payable by the licensee.

Goods and Services Tax

Where any charge, fee, supply of products or services under this policy is subject to a goods
and services tax (GST), an amount equal to the GST paid or payable in respect of the
charge, fee, supply of products or services, shall be included in the amount of consideration
paid or payable under this policy.

Display of Licence Certificate

Following the granting of development consent for an outdoor dining area, Council’s property
section is to arrange for a licence to be entered into with the proprietor. An Outdoor Dining
Certificate in the form of a laminated A4 plan detailing the outdoor seating arrangements and
hours of operation approved under this licence shall be provided by Council to the business
operator/owner and affixed to the front of the shop in a prominent position and shall not be
removed for any reason (Refer to Appendix 3).

Hours of Operation

The outdoor dining area shall only operate during the normal hours of operation of the parent
business. Any trading beyond the approved hours of operation is considered by Council as
illegal and shall result in an immediate cancellation of the licence.

Council reserves the right to specify the hours of operation of outdoor dining.

Term of Licence

The term of any licence shall not exceed 12 months.




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TRIM NUMBER:                                           REVISION:           PAGE 6
                                                       DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING

Variation or Termination of Licence

A licence to use a footway or public space may be varied or revoked by Council at any time,
notwithstanding the fact that the approval period for the development application has not
expired. Factors such as changes to pedestrian movement patterns and Council’s road
widening or re-alignment requirements may lead to a variation or revocation of a licence at
anytime, should Council consider it to be in the public interest. In these circumstances three
(3) months notice shall be given before the notice becomes effective. Notice periods will be
abridged where there is any risk to public safety and amenity.

Council may terminate the licence without notice if the licensed area ceases to be used in
conjunction with the adjacent restaurant operated by the licensee. If the licensee is in breach
of Council’s Outdoor Dining Policy, the licence may be terminated within seven (7) days,
after receiving written notice thereof from Council. In the event of the business ceasing or
the licence not being renewed, the proprietor is responsible for the removal of any
improvements they have installed, and reinstatement of the footpath area as directed by
Council.

ASSESSMENT CRITERIA

Location of Outdoor Dining Areas

Outdoor dining on the footpath will be associated with an approved restaurant, cafe or other
premises providing meals. This policy applies to the public footpaths and public domain
areas located throughout the Council local government area adjacent to premises licensed
under the Food Act 2003.

The main types of outdoor dining locations within Auburn LGA are:-

         outdoor dining located on standard-width footpaths;
         outdoor dining located in widened footpaths (Auburn Road, Auburn, between South
         Parade and Mary Street)(Refer to map in Appendix 5); and
         outdoor dining located in plazas, squares, and other public open spaces (such as
         Auburn Central and Newington Market Place).

Sections of footpath in Auburn Road (between South Parade and Mary Street) within Auburn
Town Centre will be widened as part of the Auburn Town Centre Public Domain Plan. Parts
of these widened footpath areas will be designated as “areas for outdoor dining”.
Applications for Outdoor dining will only be considered in these designated areas. The
remaining areas of widened footpath will be areas of public open space, and outdoor dining
will not be permitted in these areas. Refer to the section of this policy on Assessment
Criteria (diagram 2) and the Auburn Town Centre Public Domain Plan for further details.

Outdoor dining may occur on all other standard-width footpaths elsewhere in the Auburn
Town Centre, subject to Council approval.



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TRIM NUMBER:                                            REVISION:            PAGE 7
                                                        DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING


The approved licensed area will be marked with pavement markers installed on the footpath
by Council. The licensee is to ensure that the outdoor dining activity, including furniture,
remains wholly within the approved licence area at all times.

Circulation, safety and convenience

The most important conditions that need to be considered in locating outdoor cafes are
pedestrian and vehicular circulation, convenience and safety of patrons, and existing
streetscape elements.

The diagrams on the following page show preferred locations for outdoor dining areas.

Outdoor dining will only be permitted in those areas where there is sufficient width of
footpath to allow adequate pedestrian circulation, and where the outdoor dining activity will
not present a hazard or nuisance to the public (refer to diagrams 1-2 on the following page).

The preferred location of outdoor dining on footpath areas is as follows:
       standard-width footpaths: the preferred location of outdoor dining is directly adjacent
       to the respective indoor premises, rather than separated by a pedestrian
       thoroughfare (see diagram 1)
       widened footpaths: within designated outdoor dining areas, as defined in a public
       domain plan (see diagram 2).

In all cases, tables and chairs placed on the footpath in accordance with this policy shall be
positioned in such a way that a minimum clearance of two (2) metres is maintained for
pedestrian circulation on the footpath. Council may increase this minimum clearance
where circumstances, such as pedestrian traffic, warrant it.

In considering applications for outdoor dining licences the location of adjacent street furniture
i.e. seats, bins, public phones, ATMs, poles etc shall form part of the application
assessment.




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TRIM NUMBER:                                                           REVISION:                    PAGE 8
                                                                       DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                            REFERENCE: AUBURN COUNCIL
                                                          MANUAL OF STANDARD
                                                          PROCEDURES
DATE ADOPTED:                               AUTHOR: DIRECTOR,       AUTHORISATION:
                                            WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                 OUTDOOR DINING

Diagram 1: Outdoor Dining on footpath adjacent to premises




           Outdoor dining furniture is to be located adjacent to the premises and not block or hinder fire egress or
           access to adjoining properties.

           A minimum clearance of 2m for pedestrian thoroughfare is to be maintained on the footpath. This is a
           minimum requirement and Council may increase to minimum clearance where circumstances, such
           as pedestrian traffic, warrant it.
           The above diagram shows configurations of two and three chairs per table. Seating may also be
           reduced due to the location of existing street furniture such as bins, trees, seats, poles etc. Council
           may also consider alternative positioning of outdoor dining furniture at its discretion on a merit basis.



Diagram 2: Indicative configuration for outdoor dining in designated areas on
widened footpath (applies ONLY in Auburn Road, Auburn, between South
Parade and Mary Street)




                                PEDESTRIAN FOOTPATH




            The Auburn Town Centre Public Domain Plan clearly identifies areas of widened footpath (part of
            Auburn Road) where outdoor dining activities may occur subject to development consent. These areas
            are clearly defined and separated from areas of public open space, to ensure a balance of activities
            along the street. A map showing the location of these areas is included in Appendix 5 of this policy.



                                                                                                                       8
TRIM NUMBER:                                         REVISION:           PAGE 9
                                                     DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                   REFERENCE: AUBURN COUNCIL
                                                 MANUAL OF STANDARD
                                                 PROCEDURES
DATE ADOPTED:                      AUTHOR: DIRECTOR,       AUTHORISATION:
                                   WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3               OUTDOOR DINING


Diagram 3 Configuration of Existing Dining Bay opposite 63 Auburn Road, Auburn




Car parking

The footpath dining area used with the approval of Council under this policy is not included
as "floor space" for the purposes of car parking or floor space calculations.


FURNITURE GUIDELINES

All furniture items, including umbrellas, will be subject to Council’s approval, and
details of proposed furniture, umbrellas, and barriers (including colours, style,
quantity etc) must form part of any application.

Appendix 2 includes examples of appropriate furniture styles.

Layout

The management is responsible to ensure patrons keep furniture within the boundaries of
the licence area. All furniture must be kept wholly within the licence area (defined by
pavement markers) and must not encroach on the adjoining footpath area at any time.




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TRIM NUMBER:                                          REVISION:            PAGE 10
                                                      DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                   REFERENCE: AUBURN COUNCIL
                                                 MANUAL OF STANDARD
                                                 PROCEDURES
DATE ADOPTED:                      AUTHOR: DIRECTOR,       AUTHORISATION:
                                   WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3               OUTDOOR DINING

Style

Outdoor furniture should make a positive contribution to the street environment. A furniture
style that is practical, elegant and integrates well with the surrounding streetscape is
encouraged. Outdoor furniture must be strong, durable, waterproof, and designed for
commercial outdoor use. All furniture to be placed in the licensed area is to be supplied and
maintained by the licensee.

Plastic furniture is not permitted for outdoor dining. (See Appendix 2 for examples of
appropriate furniture styles).

Furniture must not contain parts that are likely to cause damage to the pavement. Furniture
must not be fixed to the pavement unless directed to do so by Council, and then only in the
manner stipulated.

Colour

Furniture colour schemes must form part of any application. Surfaces such as table tops
must be non-reflective.

White table surfaces and chairs are discouraged due to the tendency for rapid deterioration
and discolouring in the urban environment.

Umbrellas should be of a neutral colour.

Furniture Removal and Storage

All outdoor furniture including tables, chairs, moveable market style umbrellas, planter
boxes, heaters, barriers, must be removed from the licence area outside operating hours,
and stored inside the parent premises and screened from public view.

Barriers

The use of framed fabric, or any other style of low height barriers, is permitted. However
advertising conditions apply. Refer to the section of this policy on Advertising and Signage.




                                                                                           10
TRIM NUMBER:                                          REVISION:           PAGE 11
                                                      DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                 OUTDOOR DINING


Blinds and Plastic Sheeting

Outdoor dining should enrich the pedestrian experience and public dining alike. It is
important that the areas present an open, inviting image and are easily accessible by the
public.

The use of blinds/plastic sheeting is permissible in approved outdoor dining areas, subject
to assessment and approval by Council. Details of any proposed plastic sheeting must be
submitted with any application. Assessment will be in accordance with the following criteria:

         a maximum of two (2) sides may be enclosed;
         blinds/plastic sheeting must be clear and transparent (e.g. not coloured, opaque, or
         with markings or gridlines through it);
         blinds/plastic sheeting must be of good, commercial grade quality;
         must not present a hazard or nuisance to the public;
         must not impede pedestrian traffic or disabled access;
         blinds/plastic sheeting must be well maintained, including regular cleaning; and
         if blinds/plastic sheeting are damaged or become discoloured, they must be removed
         and replaced, as determined by Council.

The complete enclosure of the outdoor dining area is not permitted. Outdoor dining areas
cannot be enclosed on more than two (2) sides.

Blinds/plastic sheeting must be raised or removed during fine weather.

The height of the base/footings of enclosures should not exceed 5mm above the footpath
level. Permanent enclosure structures are not permitted under any circumstances.




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TRIM NUMBER:                                            REVISION:            PAGE 12
                                                        DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                    REFERENCE: AUBURN COUNCIL
                                                  MANUAL OF STANDARD
                                                  PROCEDURES
DATE ADOPTED:                       AUTHOR: DIRECTOR,       AUTHORISATION:
                                    WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING

Umbrellas

Umbrellas provide shade and shelter for outdoor dining. As umbrellas have a significant
impact on the streetscape; the quality, style, appearance and maintenance of umbrellas is
important. Refer to Appendix 2 for a guide to acceptable umbrella styles.

a) Market style umbrellas
   Market style umbrellas must:
      have a minimum height clearance of 2.1m (ie the lowest point of the umbrella) to
      ensure they do not encroach on, or interfere with pedestrian movement;
      have centre support posts only;
      be neutral in colour;
      be securely fixed at all times to withstand the effects of wind;
      not have fixtures that penetrate or damage the pavement on Councils footpaths;
      be removed and stored inside the associated indoor premises at night;
      be removed or closed in extremely windy conditions;
      be manufactured from fire retardant materials, if adjacent to a heating device; and
      be maintained in a sound, clean and aesthetically acceptable condition to the
      Council’s satisfaction.

b) Permanent style umbrellas
   Permanent style umbrellas must:
      have a minimum height clearance of 2.2m (ie the lowest point of the umbrella) to
      ensure they do not encroach on, or interfere with pedestrian movement;
      have centre support posts only;
      be light/neutral in colour;
      be free from logos and advertising;
      be securely fixed at all times to withstand the effects of wind;
      be manufactured from fire retardant materials, if adjacent to a heating device; and
      be maintained in a sound, clean and aesthetically acceptable condition to the
      Council’s satisfaction.

c) Outdoor dining areas under building awnings
   Where outdoor dining areas are located under building awnings, umbrellas will not be
   permitted.

d) Outdoor dining areas on widened footpaths in Auburn Road, Auburn, between
   South Parade and Mary Street
      permanent style umbrellas will be supplied and installed by Council in the designated
      outdoor dining areas in this location (refer to map in Appendix 5);
      a “hiring” cost will be incorporated into the outdoor dining licence fees in this location;
      market style umbrellas will not be permitted in this location



                                                                                              12
TRIM NUMBER:                                          REVISION:           PAGE 13
                                                      DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                   REFERENCE: AUBURN COUNCIL
                                                 MANUAL OF STANDARD
                                                 PROCEDURES
DATE ADOPTED:                      AUTHOR: DIRECTOR,       AUTHORISATION:
                                   WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING

Advertising and signage

Below are general requirements for advertising and signage. Each application will be
assessed to ensure the advertising is a minor and integral element of the furniture design
and does not have an excessive impact on the area of the café or the streetscape.

Assessment will be in accordance with the criteria below:

   Permitted
     to place advertising/signage on barriers/windbreaks covering up to 30% of the total
     surface;
     to identify the restaurant/café or advertise products which are a core part of the
     business and are supplied by the restaurant/café to their patrons;
     have only one product, logo or business name being advertised; and
     attach a menu board to the building.

   Not permitted
     to place the name of the restaurant / café, coffee brand, or logo on other items of
     furniture or umbrellas;
     cover more than 30% of any surface area with the name of the restaurant/cafe or
     logo;
     A-frame signs placed on the footpath; and
     Illumination of advertising using neon lighting or similar lighting.

Details of all signage and advertising, including attached menu boards, must be submitted
for approval as part of the application. All signs must comply with Council's "Advertising
Signs DCP".

Heating Devices

Where the use of a heating device is proposed, details of the type, location and design must
be included in the application. Heating devices must be designed in a manner which
minimises the risk and as such shall turn off automatically if overturned to prevent injury to
patrons and property. Heating devices must be removed when not in use and suitably
screened from public view. All outdoor heaters must comply with the relevant Australian
Standards.

Direct access to the gas mains and use of electrical extension cords are not permitted.




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TRIM NUMBER:                                          REVISION:             PAGE 14
                                                      DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                   REFERENCE: AUBURN COUNCIL
                                                 MANUAL OF STANDARD
                                                 PROCEDURES
DATE ADOPTED:                      AUTHOR: DIRECTOR,       AUTHORISATION:
                                   WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3                OUTDOOR DINING

Planter Boxes

Planter boxes may be considered in public domain areas or widened footpaths. Details of
Planter boxes (including dimensions, materials, and landscaping) must be included in the
development application. The planter boxes must be well maintained by the proprietor at all
times.

Planter boxes shall be kept strictly within the bounds of the licensed area and are not
permitted to encroach upon the adjoining footpath at any time.

Council reserves the right to order the removal of planter boxes that are not properly
maintained including the consistent provision of approved high quality flowers or vegetation.

Planter boxes must be of lightweight material and must be removed from the outdoor dining
area when the restaurant is not operating.

Advertising is not allowed on planter boxes.

Amplified Music

Amplification and/or live entertainment are not permitted within the licensed area without the
approval of Council.

Other Uses

Amusement machines will not be permitted without the approval of Council within the
licensed area. Any artificial lighting is only to be erected after the approval of Council has
been obtained, so as to avoid nuisance to the public or neighbouring premises.

HEALTH REQUIREMENTS

No food shall be prepared or displayed for sale within the licensed area.

Environmental Health Officers shall inspect the cleanliness and hygiene of the outdoor
dining areas during routine inspections and include these observations in their inspection
reports. Where non-compliances present a threat to public safety an infringement or court
action shall be instigated pursuant to the Food Act 2003 and Food Standards Code and
trade shall cease.




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TRIM NUMBER:                                         REVISION:           PAGE 15
                                                     DRAFT
DEPARTMENT: PLANNING & ENVIRONMENT
PROJECT: GENERAL POLICY MANUAL                   REFERENCE: AUBURN COUNCIL
                                                 MANUAL OF STANDARD
                                                 PROCEDURES
DATE ADOPTED:                      AUTHOR: DIRECTOR,       AUTHORISATION:
                                   WORKS & SERVICES        GENERAL MANAGER
TITLE:
O3               OUTDOOR DINING


MANAGEMENT ISSUES

Cleaning and Maintenance

The licensee is to maintain the licensed area in a clean, hygienic and tidy condition at all
times. The licensee is responsible for disposal of garbage and cleaning of the footpath
subject to the licence under this policy. Failure to comply with a direction by Council will
result in the licence being cancelled.

At the close of business all furniture is to be removed from the license area. The license
area is to be cleaned daily by dry sweeping of food, paper, cigarette butts and other debris.
The licensee shall be responsible for steam cleaning the pavement of the licensed area at
least every four (4) months, or when directed to by Council.

The licensee shall ensure that no debris or garbage is swept into the street gutter and or
subsequently washed down the stormwater drainage system. No detergents and cleaning
agents shall be washed into the street gutter as this constitutes an offence pursuant to the
Protection of the Environment Operations Act 1997.




                                                                                          15
APPENDIX 1 – RELATED LEGISLATION




Related Legislation

Roads Act 1993        Part 9, Division 1 of the Roads Act 1993 specifically deals with Footway
                      Restaurants.

Food Act 2003

Protection of the Environment Operations Act, 1997
APPENDIX 2 – GUIDE TO OUTDOOR DINING FURNITURE AND UMBRELLAS


Chairs




Tables




                                                               2
Umbrellas: (a) removable ‘market style’ umbrellas




Umbrellas: (b) permanent style umbrellas




NOTE:
Widened footpath areas in Auburn Road, Auburn (between South Parade and Mary Street only)

In the designated outdoor dining areas in this location:
        permanent style umbrellas will be supplied and installed by Council;
        a “hiring” cost for these umbrellas will be included in the licence fees for outdoor dining operators;
        and
        market style umbrellas will not be permitted in this location.



                                                                                                                 3
  APPENDIX 3– SAMPLE OUTDOOR DINING LICENCE CERTIFICATE



                          OUTDOOR DINING LICENCE CERTIFICATE

                   ____________ has entered into a Licence Agreement over an area
                   ___m2 of footpath adjacent to _______ known as ______________ to occupy
AUBURN COUNCIL
                   the footpath as shown in the drawing.

                   The Licensee will be held responsible for any breaches of the conditions of the
                   approval which includes providing proof of Public Risk Insurance.

                   All outdoor furniture must be kept strictly within the bounds of the approved area
                   and must not encroach upon the adjoining footpath at any time.

                                THIS LICENCE EXPIRES ... 30TH June 2010




                 Hours of Operation
                 To coincide with the approved
                 operating hours of the restaurant.         ……………………………………
                                                               per: General Manager
                                                                                             4
APPENDIX 4 – GENERIC BASE PLAN FOR DEVELOPMENT APPLICATION


Example A




Plan showing proposed outdoor dining for_________________________
                                                       (insert name & full address of business)



       SHOP                        SHOP                                SHOP
       No. ____                    No. ____                            No. ____




                                                                           BUILDING LINE




                                                                                                  FOOTPATH




                                                                               KERB LINE

                                                                                                  STREET
                  STREET NAME: ________________



Please show on the above plan:
       “parent” business, and location of proposed outdoor seating area, including written
       dimensions of proposed area
       Location of entrance/doorway to “parent” business
       Street numbers of your business and neighbouring tenancies
       Street name/s
       All existing street fixtures including building awning, trees, traffic signs, street lights,
       poles, bins, etc
       Proposed layout out outdoor dining furniture including number and location of tables,
       chairs, barriers, heating devices, planter boxes etc




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           Example B



           Plan showing proposed outdoor dining for_________________________
                                                                  (insert name & full address of business)




                                            SHOP
                                            No. ____



                        SHOP
                        No. ____               SHOP
                                               No. ____


                    BUILDING LINE

                                                                                                    STREET NAME:
FOOTPATH                                                                                            ________________



                   KERB LINE




  STREET




                                    STREET NAME: ________________




           Please show on the above plan:
                  “parent” business, and location of proposed outdoor seating area, including written
                  dimensions of proposed area
                  Street numbers of your business and neighbouring tenancies
                  Street name/s
                  All existing street fixtures including building awning, trees, traffic signs, street lights,
                  poles, bins, etc
                  Proposed layout out outdoor dining furniture including number and location of tables,
                  chairs, barriers, heating devices, planter boxes etc




                                                                                                                6
APPENDIX 5 – EXTRACT FROM AUBURN TOWN CENTRE PUBLIC DOMAIN PLAN


DESIGNATED AREAS FOR OUTDOOR DINING
ON WIDENED FOOTPATHS IN AUBURN ROAD, AUBURN
(between South Parade and Mary Street)




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