Information sheet

General Local Law 2018

Attached is a copy of the information relating to obtaining a permit for a sidewalk cafe.

Before your application can be processed you must provide Council with the following:

1.  Payment of a non-refundable application fee of $85.50

2.  Completed application form

3.  Completed Indemnity Form

4.  Copy of your public liability insurance.

Also, your public liability insurance must be current. You must provide Council with a copy of your insurance policy in a form approved by Council NOTING THE INTERESTS OF BRIMBANK CITY COUNCIL AS A PRINCIPAL insuring for a minimum sum of $10,000,000 (ten million dollars) or more and showing that you have paid the premium.

PLEASE NOTE:

Once your application has been processed, payment of the permit fee of $158.00 per table will be required.

Payment can be made by submitting a cheque or money order to:

City Compliance
Brimbank City Council
PO Box 70
SUNSHINE 3020

OR

By attending one of the following Customer Service Centres:

Keilor Office  Sunshine Office  
704B Old Calder Hwy  301 Hampshire Rd  
Keilor 3036  Sunshine 3020  

If you require additional information please contact Customer Service on 9249 4000.

Guidelines

General Local Law 2018

In accordance with the Brimbank City Council General Local Law 2018, Clause 23, the following guidelines are considered in determining conditions and issuing permits relating to the establishment of outdoor eating facilities on roads and footpaths (sidewalk café).

“Sidewalk Café” means tables and chairs and umbrellas placed on a footway and to which food is supplied or sold from an adjacent registered food establishment.

1.  Guideline objectives

a.  To place the highest priority, without limiting competition between traders, on the amenity of the Municipality by:

i.  Prohibiting, regulating and controlling sidewalk cafés

ii.  To ensure that no undue obstruction is caused to pedestrians using footpaths in the City of Brimbank

iii.  Limiting the location and number of tables and chairs

b.  Provide a clear indication to traders under what circumstances Council would consider the issuing of a permit for a sidewalk café

c.  To assist the commercial viability of local businesses

2.  Application procedure

a.  Applications shall be made on the application form associated with this document and all details on the form must be completed

b.  The Council will inspect the site to assess the application

c.  The application shall then be assessed in accordance with the criteria detailed in these guidelines

3.  Guidelines

a.  Smoking

i.  Smoking has been banned in all commercial outdoor dining areas in Victoria. The ban will cover all outdoor dining areas at restaurants, cafes, take-away shops and licenced premises. Smoking will also be banned in an outdoor drinking area if any part of that area is within four metres of an outdoor dining area, unless separated by a wall of at least 2.1 metres high. If the separation requirement is not met, smoking will be banned. This law applies to the same venue as well as to neighbouring venues. Failure to comply with these new laws will result in penalties for both the venue occupier and the individual.

ii.  A permit to operate a sidewalk café enables the permit holder to place furniture for customer use on or over Council property. Where a permit is granted, it authorises the permit holder to allow customers to consume food in an outdoor area in a public place. Council’s intention is that the sidewalk café may be considered, and regulated as, an outdoor dining area for the purposes of the Tobacco Act 1987.

b.  Tables, Chairs, Umbrellas and Windbreaks

i.  All umbrellas used at approved tables in a sidewalk café shall for safety reasons:

•  have a minimum clearance above the footway of two metres from the lowest point of the extended arms (spokes) of the umbrella

•  be secured thoroughly to the satisfaction of the Authorised Officer

ii.  The sidewalk café may only be displayed during normal shop trading hours and must be totally removed at the end of each day unless otherwise approved by Council

iii.  The applicant shall at all times be responsible for the cleanliness of the sidewalk café and its immediate surrounds and shall provide a suitable number of litter bins as directed by Council

iv.  The maximum size of the table shall be 1000mm diameter or 1000mm x 1000mm

c.  Outdoor Heaters

i.  Outdoor heaters should, wherever possible, be affixed to a permanent structure so as to be located off the footpath. A planning permit is required to undertake this activity

ii.  Fixed or portable outdoor heaters placed on the footpath must be licensed as part of a permit and covered by the trader’s public liability insurance

iii.  The installation of outdoor heaters must comply with the current requirements as specified by Energy Safe Victoria

d.  Location

i.  A clear footway with a minimum dimension of 2.1 metres (7ft) shall be maintained at all times

ii.  Council may allow the minimum clear footway width to be reduced where:

•  pedestrian volume allows

•  the sidewalk café proposal uniquely contributes to the amenity of the locality in which it is to be established

iii.  The sidewalk café shall generally not extend longitudinally along the length of the footpath beyond the frontage of the applicant’s premises. Notwithstanding this, subject to the approval of the adjacent shopkeepers, a more extensive area of use may be approved by Council

iv.  Before any permit application for the establishment of a sidewalk café is considered, it will be referred to Council’s City Development Department to ensure the visual amenity or supply of car parking is not compromised

v.  No sidewalk café shall be located within:

•  18 metres of the approach side of a controlled intersection

•  9 metres of the departure side of a controlled intersection

•  9 metres of the approach side of an uncontrolled intersection

•  9 metres of the departure side of an uncontrolled intersection

vi.  The sidewalk café may only be placed on the kerb side of any footpath (ie cannot be placed adjacent to shop windows during inclement weather)

vii.  Where a liquor licence has been extended to include council’s footway, food must be available to customers

viii.  The sidewalk café must be located so as not to impede access and egress to vehicles parked at the kerb

ix.  The design and colour of the sidewalk café must match the streetscape to the Authorised Officer’s satisfaction

Note

1:  The applicant must produce a current public liability insurance policy to the value of $10 million

2:  The applicant must produce written indemnification of Council against liability for activities authorised by the permit

3.  To assist in processing the application it is recommended that the applicant provide a sketch plan (with dimensions), photograph or brochure of the sidewalk café, and sketch plan of the site (with dimensions) where the sidewalk café is to be located.

e.  Council reserves the right to suspend the permit for a period of time subject to any risk management or other issues associated with a permitted event taking place in the vicinity of the display.

Note: Notification to be sent to permit holders prior.

•  The reason for this is to ensure that all footpath areas are available for expected increased pedestrian numbers.

f.  Permit

i.  On assessment of all the criteria specified in this document Council shall:

•  Issue a permit which may include various conditions which are required to be adhered to; or

•  Refuse the application

ii.  The holder of any permit shall at all times ensure that the conditions of the permit and of this Policy are adhered to at all times

iii.  If a permit holder receives three (3) infringements for contravening any conditions of their permit the permit will automatically be cancelled and the applicant will need to wait a minimum of one (1) year before reapplying

iv.  All permits will expire on 30 June each year

g.  Penalties

i.  Any proven contravention of any condition of the permit could result in an on the spot fine being issued and in situations of continued breaches, the permit will be cancelled

ii.  The establishment of a sidewalk café without a permit could result in an on the spot fine being issued

4.  Fee Structure

•  Non-refundable application fee of $85.50

•  Permit fee of $177.50 per table and 4 chairs