Outdoor Dining Areas

The permit holder agrees:

1. To pay the annual permit fee.
2. To pay any rates and charges levied by the Council under section 155 of Local Government Act 1989, or any taxes, charges and outgoings assessed in respect of the designated area.
3. To pay the costs of any action given or taken for any default by the permit holder.
4. To erect kerbside screens around the designated area, such screens to be in accordance with the Council’s “Outdoor Dining Areas-Policy, Permits & Development Guidelines”.
5. At all times to operate the designated area in compliance with the Outdoor Dining Areas-Policy, Permits & Development Guidelines.
6. That all tables and chairs are to remain within the designated area.
7. Not to place any notices, posters or forms of advertising on the screens (other than any advertising which has been approved by the Council and forms part of the permanent screen).
8. If the permit holder’s premises are licensed by the Liquor Licensing Commission, at all times ensure that the conduct of the outdoor dining area operates in accordance with the licensing requirements of the Liquor Licensing Commission.
9. To maintain and keep in good repair and condition all improvements on and within the designated area.
10. To make good at the permit holder’s own expense and to the reasonable satisfaction of the Council all damage which may be caused by any act or default of the permit holder, its servants or agents to the designated area;
11. To give to the Council notice of any material or permanent damage or serious malfunction of any service to the designated area.
12. Not to carry out any building works or alterations, other than the installation of kerbside screens, without the prior written approval of the Council and the appropriate planning or building permit.
13. Not to do anything which might cause nuisance, damage or disturbance to the Council or a tenant, occupier or owner of any adjacent property, or members of the public.
14. To use and occupy the designated area at its own risk and;
    • release the Council from and indemnify the Council against all claims resulting from accidents occurring on the designated area, except in and to the extent, that the accident is caused by the Council or a person for whom the Council is responsible;
    • Obtain and hold a current an insurance cover in the name of the permit holder for public liability for any single event for the amount of $20 million (or any other amount which may be determined by the Council throughout the term of this permit) with an extension which includes the indemnities given by the permit holder to the Council in this permit;
    • maintain the public liability insurance cover with an insurer approved by the Council, but the Council must not withhold approval unreasonably;
    • ensure that each public liability insurance policy requires the insurer to give 21 days written notice of cancellation to the Council before cancelling or refusing to renew the policy; and
    • provide satisfactory evidence of public liability insurance cover to the Council whenever the insurance policy is renewed or on request by the Council.
15. To clear all outdoor furniture from the designated area at the end of each day’s trade or no later than 10.00p.m. on any day.
16. Upon termination of this permit the permit holder shall remove the kerbside screens and repair/reinstate the footpath area which has formed the designated area to the satisfaction of the Council.
17. The permit is non-transferable and cannot be assigned. In the event that the business is sold or subleased, the permit becomes invalid and a new permit must be applied for.
18. If the Council or any other authority determines that:
    • the designated area is required for public or other use; or
    • the installation of any infrastructure or road works will impact upon the designated area; or
    • the permit holder has not complied with the terms of this permit and the Outdoor Dining Areas - Policy, Permits and Development Guidelines, then the permit may be revoked and no compensation will be payable.
19. The permit is for an outdoor dining area and under the Tobacco Act 1987, all outdoor dining areas in Victoria are to be smoke-free. To ensure effective provision of smoke free outdoor dining during the licensed period in the designated area;
    • Display suitable signage to inform of the smoke free licensed area;
    • Ashtrays, matches, lighters or any other assistance to facilitate smoking must not be supplied in designated outdoor dining areas;
    • Relocate butt out bins to external perimeter of smoke free outdoor dining area, possibly fitted to the external side of any barrier providing it considers pedestrian access and does not have a detrimental impact on local amenity. Council Officers may provide support and guidance in determining a suitable location;
    • Permit holders must request any person/s that are smoking to leave the licensed area;
    • Co-operate with Council employees conducting ad-hoc inspections during the trial period.