Details

Last Updated: Thursday, 26 September 2024 15:31

The purpose of this information is to advise business owners how to comply with Local Laws if they wish to conduct dining activities on the footpath.

Minimum standards

The person undertaking the prescribed activity of footpath dining must:

• take out and maintain policies of insurance applicable to the undertaking of the prescribed activity, including, without limitation, a public liability insurance policy which provides indemnity for each individual occurrence in an amount not less than $10,000,000.00 and insurance against property damage resulting from the undertaking of the prescribed activity and produce copies of the policies on demand by an authorised person
• produce a copy of each insurance policy (referred to in the above paragraph) to an authorised person on demand
• ensure that the prescribed activity does not unduly interfere with the proper use of any local government controlled area or road
• ensure that the physical characteristics of the local government controlled area or road on which the prescribed activity is, or is to be undertaken are suitable for the prescribed activity
• ensure that the prescribed activity does not cause nuisance, inconvenience or annoyance to:
  • the occupier of any land which adjoins the location of the prescribed activity; or
  • vehicular traffic; or
  • pedestrian traffic.
• ensure that the prescribed activity does not have a detrimental effect on the amenity of the surrounding area
• ensure that any table used in the undertaking of the prescribed activity:
  • is constructed of metal, wood, moulded laminate or other similar material
  • has a table base which is constructed of metal, wood or other similar material.
• ensure that any chair used in the undertaking of the prescribed activity is of metal or timber construction, or an appropriate plastic chair
• ensure that any umbrella used in the undertaking of the prescribed activity:
  • has a maximum diameter of 1,800mm
  • is securely attached to a table or held in a metal disc base
  • has not less than 2m clearance above ground level directly adjacent to the umbrella.
• ensure that each barrier used in the undertaking of the prescribed activity:
  • is constructed of timber or metal
  • does not exceed 750mm in height.
• ensure that each planter used in the undertaking of the prescribed activity is constructed of sandstone, concrete, ceramic or another similar material
• ensure that the prescribed activity is not:
  • undertaken on the footpath at an intersection unless tables and chairs are located in such a way that they do not interfere with the line of sight of pedestrian or vehicular traffic
  • undertaken otherwise than on an area which is contiguous to, or in the vicinity of, a registered cafe, restaurant, takeaway food shop or similar premises (principal premises).
• ensure that the undertaking of the prescribed activity is limited to the footpath immediately adjacent to the principal premises
• keep and maintain a clear unobstructed corridor for pedestrian traffic of not less than 2m
• limit the operation of the prescribed activity to the normal business hours of the principal premises
• remove all tables, chairs, fixtures, fittings, umbrellas, barriers and equipment used in the undertaking of the prescribed activity from the footpath when the principal premises are not open for business
• keep and maintain the area used in the undertaking of the prescribed activity, including all tables, chairs, fixtures, fittings and equipment, at all times in a clean, sanitary and tidy condition
• keep and maintain, in and about the area used in the undertaking of the prescribed activity, adequate waste disposal facilities, for example, bins, and be responsible for the removal of all waste from the waste disposal facilities at regular intervals, and at least daily
• not place or display any sign or device advertising the prescribed activity in the area on which the prescribed activity is undertaken otherwise than in accordance with an approval of the local government which authorises the use of the footpath for that purpose
• only use furniture in the undertaking of the prescribed activity which is:
  • aesthetically acceptable
  • kept in a proper state of repair.
• provide, for use by patrons of each of the principal premises and the area on which the prescribed activity is undertaken, adequate toilet facilities
• regularly clean the area on which the prescribed activity is undertaken:
  • during business hours for the principal premises
  • daily, after the close of business of the principal premises.
• ensure that no part of the prescribed activity is undertaken:
  • less than 1m from the kerb; or
  • less than 5m from a bus zone.
• ensure that any barrier, planter box or similar item used in the undertaking of the prescribed activity does not impede the movement of pedestrian traffic or access to premises other than the principal premises
• ensure that no tables, chairs, umbrellas or other items are located within the line of sight of pedestrian or vehicular traffic at an intersection or a pedestrian crossing
• ensure that umbrellas and other associated items used in the undertaking of the prescribed activity are:
  • properly secured when in use
  • removed during times of strong wind.
• supplement public lighting to enhance public safety
• if the local government undertakes, or gives notice of intention to undertake, works on a road or footpath used in the undertaking of the prescribed activity—not interfere with the works of the local government by undertaking the prescribed activity on the road or footpath until completion of the works
• not injure, deface, misuse, mark or otherwise damage any building or structure on the local government controlled area or road on which the prescribed activity is undertaken.

Application

An approval for outdoor dining is not required under the authorising local law if the prescribed activity complies with the minimum standards set under the Subordinate Local Law No 1.2 (Commercial Use of Local Government Controlled Area and Roads) 2011.

An application can be made to Council in writing if a prospective applicant feels that the requirements can’t be met due to extenuating circumstances. Council may look unfavourably upon these applications or in the event of approval, condition as they see fit.

The Application must include:

• Details of the nature, time and place of the prescribed activity
• Details of the operation of the prescribed activity
• An event management plan detailing various things such as sanitation, noise, waste, security, traffic management etc
• Copies of other applicable approvals such as a Liquor License, public liability insurance, certificate of electrical safety etc.

It is noted that the above list is not comprehensive, but summaries a number of documents required to be submitted for consideration with an application. Please refer to the Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Area and Roads) 2011, Part 3, Schedule 1.3 for further documentation requirements.

Further approvals

Please note that other approvals or permits may be required, such as a Food License or Development Approval. It is recommended that business owners contact Council before operation to determine if other approvals and/or licenses are required.

Need further information?

For further specific information on Footpath Dining contact Building & Compliance Branch on 131 TRC (872) or visit your nearest Customer Service Centre.

Disclaimer

The information contained in this sheet is a guide only.
This information has been prepared by Toowoomba Regional Council to help people gain an understanding of the Toowoomba Regional Planning Scheme. Please consult the Toowoomba Regional Planning Scheme for detailed information including maps (zones, local plans, overlays and priority infrastructure plan), provisions and policies. The content of this information sheet is not intended to replace the provisions of the Toowoomba Regional Planning Scheme.