Health and Environmental Services Information Sheet
Outdoor Dining Permit Information and Application Form
This information package is a summery only and must be read in conjunction with the Town’s Trading in Public Places Local Law 2001 and Outdoor Eating Facilities on Public Places Policy. For further information, telephone 9377 8000.
What is Outdoor Dining? Outdoor Dining (also known as alfresco dining and a permit to establish and conduct an Outdoor Eating Facility on a footpath) is an area designed to be used by the general public for dining purposes on a street verge or a footpath, immediately adjacent to a food premises.
These guidelines seek to provide consistency in the Town of Bassendean’s approach in dealing with proposals for outdoor dining.
Please note: an outdoor dining permit is separate from a registration to conduct a food business (which is assessed by the Town’s Health Services).
OUTDOOR DINING PERMIT
Initial Application
Before placing chairs and tables on the footpath outside your food premises, you are required to obtain:
Outdoor Dining Permit
The attached Application for permit to conduct an outdoor eating facility form should be completed and forwarded to the Town’s Development Services together with:
- the permit fee
- a plan or plans to a scale of 1:50 showing –
- the location and dimensions of the proposed area to be used for outdoor dining;
- the dimensions of the thoroughfare including the footpath and the location and nature of any street furniture, trees, utilities, foot paths, parking or service bays in the area;
- the number and position and dimensions of all proposed, tables, chairs etc; Including photographs, drawings or manufacture’s brochures fully describing the appearance and dimensions of all proposed tables, chairs, umbrellas, menu board, planter boxes and any other furniture.
- the permit holder is required to provide a public liability insurance policy in accordance with the Town’s requirements as detailed further in this guideline.
Application Fee $50.00
Renewal of Permit
Where approved the Outdoor Dining Permit is valid for 12 months from the date of approval. An application for renewal of an Outdoor Dining Permit will be forwarded to you every 12 months. Upon payment of the annual fee, a permit will be issued for the following 12 months.
Annual Renewal Fee $50.00
RESPONSIBILITIES OF THE PERMIT HOLDER
The permit holder shall –
- Ensure tables, chairs or anything placed on the verge do not obstruct the sight line of vehicles emerging from driveways or intersecting roads.
- Manage the area subject of the outdoor dining permit in accordance with all conditions imposed by the permit.
- Ensure that the eating area is conducted at all times in accordance with the provisions of the local law.
- Ensure that the eating area is kept in a clean and tidy condition at all times.
- Maintain the chairs, tables and other structures set up in the eating area in good and serviceable condition at all times.
- Keep the outdoor dining area free of any unnecessary obstacles or any matter likely to cause injury to persons or property and maintain a minimum clear way width of 2m for pedestrian access.
- Ensure furniture and equipment remains within the outdoor dining area and location approved on the plan endorsed as part of the permit and does not impede pedestrian flow or access.
- Repair any damage to the surface area, fixtures, fittings or utility services caused as a result of or attributable to the operation of the outdoor dining area and any associated activities.
- Ensure trading within the outdoor dining area is limited to only the operating hours where stated in the permit.
- Remove all tables, chairs and non permanent fixtures and fittings from within the outdoor dining area at the conclusion of operating hours each day.
- Pay all costs associated with the alteration, removal, repair, reinstatement, or reconstruction of all or part of the outdoor dining area arising from any works proposed or done in the thoroughfare by or on behalf of a government department, instrumentality of the Crown or the local government and shall not have any claim for compensation or damages as a result of any disruption to business or loss incurred due to such works.
- Display the permit in a conspicuous place in the adjoining food business and whenever requested by a Town’s authorised person to do so shall produce the permit.
PUBLIC LIABILITY INSURANCE AND INDEMNITY
As part of the requirements of the Outdoor Dining Permit, the permit holder, is required to provide public liability insurance indemnifying the Town against all actions, suit, claims, damages, losses and expenses made against or incurred by the Town arising from any activity, action or thing performed or erected in accordance with the permit.
In particular, the permit holder shall:
- take out a public liability insurance policy in the name of the permit holder for a minimum of $10 million dollars or such other amount as considered appropriate by the Town to the risk involved;
- ensure that the Town of Bassendean is expressly listed on such policy as an ‘interested party’;
- advise the Town if the policy lapses, is cancelled or is no longer in operation; and
- on the request of an Authorised Person, provide for inspection a certificate of currency for the required insurance policy.
Where, as a condition of a permit, a permit holder is required to provide a public liability insurance in accordance with section 7.3 and that insurance policy is terminated for whatever reason then the permit shall also be terminated simultaneously. A permit holder is required to provide a current certificate of insurance within 2 working days upon request of the Town of Bassendean.
Typical Town of Bassendean Outdoor Dining Layout
Click here to download an application form in PDF format.
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