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Alfresco Dining Policy 2013

Alfresco Dining Policy 2013 1

Mildura Alfresco Dining Policy 2013 – Adopted 23 May 2013 Page 1 of 42

Document History

Version Date Change Log

V1.0 July 2004 Document prepared by Connell Wagner

V 2.0 June 2009 Revision

V 3.0 February 2013 Updated definitions. Updated introduction and performance requirements with corrections and clarifications. Contact information for relevant Council departments and responsibilities. Revised application process

V3.1 May 2013 Change of Policy Name. Improved Definition explanations. General corrections.



Table of Contents Background to this Policy....................................................................................................................3

About this Policy ...................................................................................................................................5

Definitions..............................................................................................................................................8

Alfresco Dining....................................................................................................................................10

Element 1 – Location .....................................................................................................................10

Element 2 – Streetscape and Amenity........................................................................................13

Element 3 – Chairs and Tables....................................................................................................14

Element 4 – Heaters, Fans and Lighting ....................................................................................16

Element 5 – Shelter, Shade and Barriers ...................................................................................17

Element 6 – Advertising ................................................................................................................21

Element 7 – Hazard Management ...............................................................................................23

Element 8 – Management.............................................................................................................25

Implementation ...................................................................................................................................28

Compliance .........................................................................................................................................30

Contact Information............................................................................................................................31

Appendix A – Compliance Check sheet .........................................................................................32

Appendix B – Application Form........................................................................................................38



Background to this Policy The purpose of this policy is to provide a comprehensive framework for the development, management and control of Alfresco Dining, in a consistent and municipal wide basis. The policy seeks to encourage better designed and higher quality Alfresco Dining facilities, that: Make a positive contribution to the streetscape Integrate with the existing business activity Improve the physical and visual amenity of the footpaths in a sensitive and responsive

manner Do not interfere with safe pedestrian and vehicular traffic It aims to: Bring about a consistent standard to make Alfresco Dining fair for all including traders,

customers and pedestrians Encourage the sensitive location of Alfresco Dining facilities Encourage good-quality, cost-effective design Make requirements for Alfresco Dining transparent and easy to understand Respect adjoining amenity through appropriate design Maintain visual amenity and pedestrian circulation standards Improve litter management Provide a clean, enjoyable dining environment This policy DOES NOT include any information regarding: On-road dining and road closures Indoor dining Temporary food stalls Application The policy applies to Alfresco Dining activity in any zone, both urban and non-urban, within the entire municipality, on any Public lands under Council’s direct control and extending from private land (eg food and drink premises). A Check sheet is provided at Appendix A to assist Traders with understanding and developing a plan for an Alfresco Dining Area. An Application Form is attached at Appendix B for approval required from the various Council departments. Other approval may be required from other authorities in some cases. Once assessed by each department, the application will be passed to Local Laws, who will then return the completed application assessment to the proponent. How the Policy Works An application is submitted to Council, assessed by Local Laws, Engineering Services & Asset Development and Statutory Planning as applicable. When an Alfresco Dining Area requires Council Approval under the Planning and Environment Act 1987, Victorian Buildings Regulations, Local Laws and/or from Asset Development, proponents must address the considerations set out for each element of the policy.



Each element comprises general considerations, objectives and performance requirements to be satisfied by the proposed Alfresco Dining arrangement. Proponents are encouraged to discuss proposed Alfresco Dining Areas with Council prior to proceeding with a development. If Council approval is required then proponents should demonstrate that the objectives and performance requirements for each element of the policy are met, or when a non-compliance with this policy is identified.



About this Policy This Alfresco Dining Policy has been prepared to assist the Local Laws, Engineering Services & Asset Development, Waste Management, Litter Prevention and Statutory Planning Departments, in the assessment and monitoring of Alfresco Dining activities. This policy also seeks to provide operators of Food and Drink Premises with an appreciation of Council’s preferred vision of these activities. The development of Alfresco Dining activity in most cases is likely to require approval under one or more of the following: Mildura Planning Scheme Building Regulations 2006 Council’s Local Laws Written consent from the Engineering Services & Asset Development Department Council Approval Even though one application needs to be submitted to Council (see Appendix B) the application will be assessed by various Council Departments and other authorities as required. A separate application may need to be made to other approval authorities such as the Victorian Commission for Gambling and Liquor Regulation depending on the nature of the proposed Alfresco Dining Area. Approval is required from: Local Laws: This is required for all Alfresco Dining Areas which are to be located on

public land such as the Footpath Area. Local Laws will assess the Alfresco Dining Area plan and determine whether the guidelines are being adhered to. If building or works are planned for the Alfresco Dining Area, further permits may be required. The relevant Mildura Rural City Council Community Local Law which outlines the rights and responsibilities of commercial activity on Council land including Alfresco Dining is Local Law No. 2.

Engineering Services & Asset Development: Approval is required for any structures

that are fixed to public land, including but not limited to shade structures, umbrellas, awnings, fixed tables or chairs, pergolas or verandahs. This is separate from Local Laws approval or any permit from Statutory Planning. Approval is required in writing.

Statutory Planning: Building and works associated with an Alfresco Dining Area

approved by Local Laws may be exempt from requiring a planning permit from the Statutory Planning Department. Clause 62.02-1 of the Mildura Planning Scheme, Buildings and works not requiring a permit states:

“Any requirement in this scheme relating to the construction of a building or the construction or carrying out of works does no apply to:

Buildings and works associated with a use on adjoining land or street trading if authorised under a local law.”

Clause 34.01 Business 1 Zone affects land along Langtree Avenue between Seventh and Eighth Streets and provides an additional exemption to requiring planning approval. Clause 34.01-4 Buildings and Works states:

“A permit is required to construct a building or construct or carry out works. This does not apply to:



An awning that projects over a road if it is authorised by the relevant public land manager.”

Should Local Laws provide approval for the proposed Alfresco Dining Area as any associated building and works will not require a planning permit from the Statutory Planning Department? The guidelines within this document must be taken into consideration when designing and constructing any structures associated with an Alfresco Dining Area. Clause 52.05 Advertising Signs stipulates the requirements for signage and the applicant, if required to apply for a planning permit, will be required to apply directly to the Statutory Planning Department.

Liquor Licence: Clause 52.27 Licensed premises outlines the requirements for the sale

or consumption of liquor within an Alfresco Dining Area. Separate approval may also be required from the Victorian Commission for Gambling and Liquor Regulation.

Other Authorities: Referral and approval from other authorities may be required. Other

Authorities may include Vic Roads, Victoria Police or any other authority with a relevant interest.

Planning approval is granted by issuing a planning permit, which is determined under the provisions of the Mildura Planning Scheme. Local laws approval is required under the Local Government Act. This approval seeks to protect Council and public interests arising from activity on public land. An annual fee is charged, with Alfresco Dining Permits expiring on 31 August each year. Renewal of the Alfresco Dining Permit confirms that the Trader agrees to the conditions and guidelines of the current policy. Implementation on page 26 outlines an overview of how an application is processed an assessed. Consideration must be given to this policy when designing and assessing Alfresco Dining Areas. Permits can be issued subject to certain conditions. Particular provisions within this policy can be translated into permit conditions to provide greater certainty and consistency in the application of this policy. Proprietors will be required to ensure that there is no litter within the Alfresco Dining Area and will be encouraged to follow best practice in regards to litter prevention and reduction. Mildura Rural City Council would like to promote the development of Alfresco Dining Areas outside of the central business district within Mildura, and for this reason Alfresco Dining permits outside of Mildura may be offered at a reduced cost to the applicant. Please contact Local Laws for the current rate. If any Removable Furniture, Permanent Fixture or Permanent Structure placement or fitting used in an Alfresco Dining Area is deemed by a Council officer to be unsafe or not in line with the guidelines of this Policy, it must be removed and/or replaced as directed.



The provisions of this policy are intended to compliment existing legislation, codes and standards and do not in anyway override such legislation, codes and standards. Building Permit Approval is required for all structures unless exempt under Schedule 8 of the Building Regulations 2006.



Definitions The following definitions provide a guide to terms used within this policy. These definitions are not statutory definitions. Figure 1 on page 9 of this document shows a graphical explanation of some of the terms used in the policy. Alfresco Dining Area Area in which tables, chairs and other structures are provided for the purpose of the consumption of food or beverages or both by the public outside food and drink premises. Council Refers to Mildura Rural City Council. Feast Street Langtree Avenue from Seventh Street to Eighth Street. This area is the primary restaurant and outdoor dining area in Mildura. Footpath Area Includes the Pedestrian Area, Trading Area, and Kerb Area to the front of the retail premises. Kerbside Area The area between the top of the kerb and the trading area, which ensures that adequate space is provided between the Trading Area and roadside activities (eg opening of car doors). Licensed Area The approved area under the Liquor Control Reform Act 1998, permitting the serving of alcohol. This must be within the approved Trading Area. It is noted that during special events a Local Law permit can override the Pedestrian Area and Licensed Area (if they are extended). Pedestrian Area The space located immediately adjacent to the front of the building line, with a minimum width of 2.0 metres. This area will have a continuous accessible path of travel, unobstructed by any trading furniture. Permanent Fixture Items which can be fixed to the ground or attached to a building and can also be moved. This includes awnings or umbrellas which can be locked into the ground and then unlocked and moved away. Permanent Structure Building or structure fixed to the ground and or attached to a building. This can include a verandah or a pergola. Permit This refers to a permit issued by Local Laws in respect to approval given under Mildura Rural City Council Community Local Law No. 2 where Part 7 regulates Commercial Activity on Council Land including Alfresco Dining Facilities.



Removable Furniture Items such as chairs, tables and removable gas heaters which are not fixed to the ground or attached to a building and can be moved freely. Trader The holder of the permit and is responsible for the operation of the Alfresco Dining Area. Trading Area Area between the pedestrian area and the kerbside area, containing trading furniture used for outdoor dining. Trading Furniture Includes chairs, dining tables, display tables, waiter’s stations, planter boxes, heaters, fans umbrellas, screens, awnings, display boards, clothes racks and other structures or devices to be set up in the trading area.



Alfresco Dining

Element 1 – Location

Considerations The location of trading furniture should be based on an evaluation of the site conditions and potential impact on the Pedestrian Area. The Pedestrian Area provides an important circulation path for pedestrians. Particular attention must be given to providing safe and unobstructed pedestrian opportunities in and around Alfresco Dining Areas.

Objective To achieve a layout which minimises the impact of the Trading Area on the

Pedestrian Area, Kerb Area and neighbouring properties.

Performance requirements 1.1

The minimum width of a Pedestrian Area must be 2.0 metres. No Trading Furniture or ancillary items including A-frame signage is to be located in this area. This it outlined in Figure 1.

1.2

The minimum width of a Kerbside Area must be:

0.5 metres from the gutter when adjacent to angle (45°/90°) vehicle parking 0.7 metres from the gutter when adjacent to parallel vehicle parking metres from the gutter when adjacent to parallel disabled vehicle parking

This is outlined in Figure 1.

Figure 1 - Indicative Location Plan - Mid Block Scenario. Not to Scale.



1.3

The minimum width of a Trading Area must be 1.0 metre.

1.4

2.0 metres clearance is required for access to pedestrian crossings to allow for safe, unobstructed pedestrian access as outlined in Figure 2.

Figure 2 - Indicative Location Plan - Mid Block Pedestrian Crossing Scenario. Not to Scale.

1.5

The Trading Area must not be located outside an adjoining property without written consent of both the adjacent landowner and the land occupier (if they are not one or the same), and Council. These extensions will only be permitted on a temporary basis.

If Council, the adjacent landowner or land occupier of the adjacent premises, revokes their consent for the Alfresco Dining Area to include the area adjacent to the permit holder’s premises, then the applicant must cease using that area immediately and reinstate the footpath within the time specified by Council. No permanent fixtures or permanent structures are permitted outside adjoining properties.

1.6

Consideration must be given to the location of any disabled parking so that proposed Alfresco Dining Areas do not affect access to the pedestrian area



1.7

The Trading Area should be located at least 10 metres from a road corner (measured from the back of kerb). This distance may be reduced with the written consent from the Engineering Services and Asset Development Department following an assessment of sight distances for road users and pedestrians. This is outlined in Figure 3.

Figure 3 - Indicative Location Plan - Corner Block Scenario. Not to Scale.



Element 2 – Streetscape and Amenity

Considerations Alfresco Dining Areas should complement and enhance the existing streetscape and amenity.

In determining the streetscape and community impacts, particular attention should be given to:

Provision of a tidy and hygienic Trading Area Relationship with existing buildings from public areas Integration with key design elements/principles Colour and appearance of materials used Design of trading furniture

Objectives To provide an attractive and comfortable place for people to relax, without limiting the

amenity of other people in the street To ensure that the size, appearance and materials used within Alfresco Dining Areas are

compatible with the existing streetscape and public realm


The Trading Area must be maintained in a tidy and hygienic manner to the satisfaction of Council.

2.2

Permanent Structures, Permanent Fixtures, Trading Furniture or other items should not obstruct view of main areas of street activity and significant sight lines to important landmarks.

2.3

No existing street element or asset may be removed or relocated or modified without the written consent from the appropriate authority and/or Council (eg. trees, signs, bins, seats, public utilities etc). If any existing street element or asset is required to be removed the applicant must pay for the relocation/removal.

2.4

An application for Alfresco Dining must demonstrate how the proposal will contribute to the existing streetscape.



Element 3 – Chairs and Tables

Considerations Chairs and tables are integral to the provision of Alfresco Dining experience. Other furniture that must be considered in assessing applications includes umbrellas, bollards, heaters, signs, lights, and barriers. Other trading furniture features are subject to other Elements in this policy.

Objective To provide chairs and tables that contribute to a comfortable and safe Alfresco Dining

experience.


All Trading Furniture must remain within the approved Trading Area at all times, whether in use or not. Warnings or infringement notices may apply for non-compliance.

3.2

Chairs and tables should not be placed with their back to the roadway without a barrier between the Trading Area and the Kerb Area.

3.3

Chairs and tables utilised within the Trading Area must be suitable for outdoor use. Plastic chairs and tables will be discouraged.

3.4

No fixed chairs and tables may be used in the Trading Area without the written consent of Council. A fixed item is defined as something that will not be removed from the Trading Area at the end of the trading day.

3.5

Chairs and tables should be unobtrusive and contemporary in style, appearance, materials, finishes and colours. Any major variation to the style or type of furniture to be used in the Trading Area must be notified to Council and approved by Local Laws

3.6

The style and colour of chairs and tables should not detract from the integrity and character of significant buildings, landscape features and structures in the street.

3.7

Chairs and tables should have a minimum 30mm diameter rubber pad on legs to protect the pavement surface. Chair and table legs should be adjustable to suit pavement levels as required.



3.8

Chairs and tables should be portable yet sturdy and windproof.

3.9

As a guide Council will generally allow a maximum of 1 table and 4 chairs to every 4m2 within the Trading Area. This is dependant on the Trading Area size, size of Pedestrian Area and accessibility. Furniture or fixtures should not impede safe pedestrian movement or access.

3.10

Preference will be given to Alfresco Dining proposals that do not increase the number of chairs and tables associated with the existing food and drink operation. Applications that increase the seating capacity of the premises may trigger the need for planning approval to provide additional car parking (Also refer to Element 8 – Management, Performance Requirement 18) and may also trigger the need for a building permit to provide additional amenity provisions including disabled toilets and disability access.

3.11

Chairs and tables must be physically maintained in a manner to the satisfaction of Council.

3.12

Permanent Structures (eg chairs, tables) that are permanently fixed to the ground must not be removed if an owner/occupier moves from the land to where they are erected. Council will take ownership of these structures once the premises are vacated.



Element 4 – Heaters, Fans and Lighting

Considerations Heating and lighting infrastructure is important to improve customer comfort. To achieve this comfort it is imperative that these facilities are provided in a manner that minimises potential risk.

Objective To facilitate the provision of heating and lighting in a manner that will protect public

safety and property.


Heaters must be Australian Gas Association (AGA) approved and be used in accordance with manufacturers instructions, particularly in relation to required clearances from other combustible objects. The heater must be fitted with a tilt safety switch where the gas will automatically turn off if the heater unit is tilted.

4.2

Any fixed or portable gas heater within the Alfresco Dining Area is to be installed and/or checked by a registered gas fitter. To ensure they comply with:

AS 5601/AG-006 – 2004 Gas Installations AS/NZS 1956 – 2008 Storing and Handling of LP Gas AS 4565 – 2004 Outdoor Radiant Heaters And any other relevant Gas Standards

4.3

All heaters or fans must remain within the approved Trading Area at all times, whether in use or not. Warnings or infringement notices may apply for non-compliance.

4.4

Outside of daylight hours, adequate lighting must be provided to ensure the safety of pedestrians within the Pedestrian Area and the amenity of the Trading Area.

4.5

Chasing/flashing lights are not permitted in Alfresco Dining Areas.

4.6

Lighting is to be permanently fixed and must be maintained in good working order and should not create unreasonable spill into neighbouring properties. Portable lighting and leads are not permitted.



Element 5 – Shelter, Shade and Barriers

Considerations Shelter, shade and barriers have the effect of enhancing the Alfresco Dining experience. Inappropriate provision of these has the potential to impact on amenity, pedestrian circulation also the opportunity to compliment existing buildings and streetscape.

Objectives To provide a designated area, rendering a comfortable dining experience To minimise potential impacts on the streetscape, amenity, pedestrian circulation,

property and public safety


A combination of shelter, shade and barriers can be used to create a comfortable dining experience. For the purposes of this policy the difference between each is presented in Figure 4 below.

Figure 4 - Shelter, Shade and Barriers. Not to Scale.



5.2

Barriers should not exceed the width of the Alfresco Dining premises. A minimum of 0.6m access way should be provided between the projected property lines and the trading area to accommodate pedestrian movements from car parking areas. This is to allow people to move from the parking areas to the pedestrian area in a safe manner. This is depicted in Figure 5.

Figure 5 - Location of Barriers and Pedestrian Movements. Not to Scale.

5.3

Barriers are not permitted between the building and Trading Area. The Trading Area facing the building must remain open.

5.4

At no time can a barrier extend across/outside a neighbouring property without the written consent of the land owner/land occupier of adjoining properties and Council. If consent is granted, a minimum of 1.2 metre (0.6m + 0.6m) access way must be provided from the projected property boundary to accommodate pedestrian movement from car parking areas as stipulated in Performance Requirement 5.2.

5.5

If a property has a wide frontage, 15m or greater, an access way break 1.2 m wide is required every 7 metres in order to allow for pedestrians to access the footpath from the road area, or as instructed by Local Laws.



5.6

Barriers or shade structures which are fixed to the ground require the written consent of Council’s Engineering Services and Asset Development Department. Any “connection bolts” associated with awnings along the pavement need to be flush with the adjacent horizontal surface. Only flush mounted anchor points with recessed “D Rings” (Figure 6) or an approved alternative will be allowed to secure awnings, vertical blinds or similar structures.

5.7

All Permanent Fixtures or Permanent Structures, including shade or barriers, must remain within the approved Trading Area at all times, whether in use or not. Warnings or infringement notices may apply for non-compliance.

5.8

Energy Absorbing Bollards (EAB) may be required at Alfresco Dining locations that would otherwise be considered unsuitable for the purpose based on local traffic conditions. Requirements for EAB in unsuitable alfresco dining locations are to be assessed on a case by case basis.

5.9

Side curtains over the footpath between shelter, shade and barriers are not encouraged without careful consideration being given to streetscape issues. A ‘side curtain’ is a vertical blind on the sides of an Alfresco Dining Area. If a side curtain is required a permit will need to be obtained from Council’s Local Laws Department.

Figure 6 ‐ Example of a 'Recessed D‐Ring'. Source: Mac’s Custom Tie‐Downs ‐ http://goo.gl/UoF1h



5.10

If planter boxes are desired as barriers, approval is required, and it is also subject to the guidelines presented in 5.10-5.12.

5.11

Planter boxes must contribute to the streetscape and amenity of the area. Larger plant boxes may be permitted to remain in some Alfresco Dining Areas with the written consent of Council.

5.12

Plants species selected should be compact forms, not have spikes, thorns, or cause allergies that may be poisonous or toxic.

5.13

Compact plants requiring low maintenance and requiring only weekly watering are encouraged and must be maintained in a healthy and vibrant condition to the satisfaction of Council.

5.14

Where a Permanent Structure is proposed along the footpath a minimum of 2.5m clearance from the building must be maintained for the provision of street cleaners to the satisfaction of the Responsible Authority. Any proposed pergola will need to be designed in accordance with relevant design guidelines in any relevant adopted policy.

5.15

Consent from Vic Roads is required under the Roads Management Act 2004 for all fixed fittings on the arterial road network including the footpath. This includes the use of pergolas, verandahs, planter boxes etc.



Element 6 – Advertising

Considerations Mildura Rural City Council will consider identification and promotional signs that add vitality and colour to business areas. Approval is generally accommodated under the Mildura Planning Scheme however additional requirements are sought in Alfresco Dining Areas to enhance visitor and customer experience.

Objective To provide signage that will improve and compliment the amenity of the premises To distinguish between business and product signage on Trading Furniture To guide the provision of general advertising (i.e. brands and products) on Trading

Furniture


Consideration will need to be given the Mildura Planning Scheme to determine business advertising requirements. A planning permit may be required to incorporate business signage on Trading Furniture depending on the location and advertisement area.

6.2

No advertising or display materials, including Advertising Boards (“A-Boards”) are permitted in public places, including the Trading Area, without written consent from Council. An annual fee is chargeable for stand alone signage and Council indemnified against any public liability claim.

6.3

The name and/or logo of the Alfresco Dining operation may be displayed on shelter, shade and barriers subject to appropriate planning approvals.

6.4

Canvas screens and/or umbrellas within the Trading Area may display commercial advertising such as product advertisements or sponsorship logos. The commercial logo should cover no more than 10% of the surface area.

6.5

No part of the advertising hereby permitted shall be internally or intentionally illuminated externally without written consent of Council or subject to a planning approval.

6.6

No advertising is permitted on chairs and tables.

6.7

No advertising is permitted on Council street furniture.



6.8

If any Permanent Structures are approved there must be no logos or advertising on them. All approved Permanent Structures revert to Council property when the premises are vacated by the Trader.

6.9

No liquor or tobacco advertising is permitted on any item within the Trading Area.

6.10

Consideration must be given to regulations that restrict advertisement of particular goods and services.



Element 7 – Hazard Management

Considerations This policy introduces a mechanism to identify and avoid potential sitting and design hazards associated with Alfresco Dining activities. Presented below are potential hazards that may not fall specifically under one of the previous Elements.

Objective To ensure that potential hazards are considered during the preparation and assessment

of Alfresco Dining operations.


Alfresco Dining facilities will be located in areas that are considered safe for patrons and avoid locations that are deemed unsuitable.

7.2

Careful consideration must be given to the approval of Alfresco Dining activity in locations that:

Have been associated with loss-of-control crashes (eg where vehicles have had a historic tendency to leave the roadway)

Where inherently special risk factors for crashes exist (eg unusual cross-fall, steep longitudinal grade or sites on the outside of road curves or radius less that 40 metres)

Are located on major circulation routes and are subject to large numbers of passing heavy vehicles

Are located in areas that are monitored by CCTV to not obscure the sightlines of cameras

7.3

Alfresco Dining facilities should provide a sense of safety and security for patrons at all times. This will be achieved through the provision of unobstructed sightlines and vistas.

7.4

Pedestrian routes of travel, including wheelchair access to ramps, must not be compromised by Trading Furniture, including barriers or shades.

7.5

Adjoining buildings must not be compromised by restricting vehicular or pedestrian access to, or adding unreasonable risk to emergency service personnel.

7.6

All furniture (with the exception of fixed furniture with Council approval) must be removed from the Trading Area outside the trading hours of the Alfresco Dining operation.



7.7

Mildura can experience significant weather changes resulting in strong winds. In the event of a significant wind warning from the Bureau of Meteorology, all Trading Furniture must be made secure or taken inside.

7.8

Council Local Law officers may request the removal of any furniture at any time if deemed unsafe or in the event of an emergency.

7.9

All furniture located within the Trading Area must not have sharp edges.



Element 8 – Management

Considerations Good management is paramount to reducing risks associated with providing Alfresco Dining.

A high standard of hygiene and cleanliness is essential to pleasant and attractive streets.

Objective To maintain Pedestrian Area and roadways in a manner that minimises risks and

enhances the visitor experience and streetscape considerations


The permit holder shall take all reasonable precautions to prevent risk to the public and take out and keep current for the period of the permit a Public Liability Policy of Insurance for a minimum sum of $10 million.

8.2

All Trading Furniture or any other items should be positioned within the Trading Area boundaries as detailed in the permit issued by Council.

8.3

The trader must maintain cleanliness and hygiene in the Footpath Area in accordance with relevant food health and safety acts and regulations.

8.4

The trader must ensure that the Trading Furniture and the Footpath Area is clean and hygienic at all times. This standard should be consistent with the internal retail area.

8.5

Spot cleaning must occur as required to ensure a clean and hygienic standard is maintained. In dining areas, tables must be cleared promptly to prevent blown litter.

8.6

Cleaning and checking must occur frequently during trading hours.

8.7

All grease, stains and other marks must be immediately and completely removed from the footpath area as soon as they occur.

8.8

Waste, scraps or litter must not be swept or washed into the gutter or drainage pits or placed in Council’s litter bins.



8.9

All bins owned by the Trader must be emptied daily or as necessary when full. The trader must ensure that all litter from the Trading Area is disposed in an appropriate manner.

8.10

The trader must ensure that pedestrian clearances and safety requirements are maintained at all times during the operation of the Alfresco Dining Area.

8.11

The trader must not prepare food or dispense beverages on the Footpath Area (eg no cappuccino machines etc) except for special events which will require the written consent of Council Health and Local Laws.

8.12

Tables must not be preset with cutlery, glasses or unprotected foods. This is to prevent them from being exposed to contamination prior to use by the public.

8.13

Consideration must be given around providing smoke free environments for patrons in outdoor areas. Where this is not considered, Trading Areas must comply with the current Local Laws regarding smoking. During the approval stage, if the Trader wishes to allow smoking, an Environmental Health Officer can measure the planned Alfresco Dining Area when awnings are drawn to ensure compliance.

8.14

Where smoking in Trading Areas is permitted under the current Local Laws, ashtrays must be provided for all tables. All ashtrays within the Trading Area must:

Have a wind proof design Be emptied on a regular basis Not allow ash and cigarette butts to litter the area as defined in the permit

8.15

Amplified music, live entertainment and/or television broadcasts are not permitted in a Trading Area without written consent of Council’s Local Laws.

8.16

Toilet facilities for use of customers and staff in accordance with the Building Code of Australia during operating hours and must be within an adjacent building under the trader’s control.



8.17

Sanitary conveniences for use of customers and staff must be provided in accordance with the Building Code of Australia during operating hours.

8.18

Alfresco Dining operations that increase the seating capacity may trigger the need to obtain planning and building approval. Preference will be given to Alfresco Dining facilities that do not increase the total seat numbers of the Trader. This can be achieved through the transfer of indoor seating and tables to the Alfresco Dining Area.

8.19

Consideration should be given to the permanent delineation of Trading Areas. This can be achieved through line marking and/or aluminium survey rivets and must be undertaken in consultation with and to the satisfaction of Council.

8.20

All Removable Furniture must be removed and the footpath kept clear to facilitate cleaning between 1:00am and 6:00am unless otherwise stated on the permit issued by Council. This is to allow for cleaning of the footpath areas.

8.21

If there are persistent grease or stain marks, these will be cleaned by Council. This cleaning will be at cost to the Trader and will be billed for use of additional chemicals/labour as required.

8.22

Any variation to an Alfresco Dining area requires an updated Permit to be issued. This includes changes to, but not limited to, barriers, shades, Trading Furniture etc. An application must be submitted and approval from all relevant Council Departments is required. If furniture is being replaced by that of similar style, design or construction, no additional approval is necessary.



Implementation

The provisions of this policy will be implemented by Council’s Statutory Planning, Local Laws and Engineering Services & Asset Development Departments and will be used in the assessment of applications for Alfresco Dining facilities.

Detailed below is a summary of Council’s procedure for considering these applications.

Submit Application

Referrals:InternalExternal

Final Assessment:Local LawsEngineering Services & Asset DevelopmentStatutory Planning

Compliance & Monitoring:Local LawsLitter & Waste ManagementEngineering Services & Asset DevelopmentStatutory Planning

Initial Assessment (as required):Local LawsEngineering Services & Asset DevelopmentStatutory Planning



In the Implementation of this Policy it is noted that:

1. Planning Permits and Building Permits are issued prior to the use or development commencing and seek to minimise off-site impacts of proposals on third parties. A planning permit applies to the land and lapses in accordance with a permit condition or the provisions of the planning scheme.

2. Local Laws permits and Engineering Services & Asset Development approvals are

issued prior to the use and development commencing and seek to protect the public areas and assets from unsafe and inappropriate development and works. A Local Laws permit is usually renewed annually through Council’s Local Laws Department.

3. Planning permits, Local Laws permits and Engineering Services & Asset Development

approvals can be issued with conditions. It is envisaged that particular performance criteria within this policy will be used to reinforce Council’s preferred operational conditions.



Compliance

Any breach of the Performance Requirements or Permit Conditions will result in the following steps:

Step 1 Verbal warning will be issued. Compliance must be achieved within the time requested by a Council Officer.

Step 2 Should compliance not be achieved, written notice will be issued. Compliance must then be achieved within 7 days unless instructed otherwise by a Council Officer.

Step 3 Should compliance still not be achieved the Permit for the Alfresco Dining Area will be cancelled. No refund will be applied and the Trader may not apply for a permit within 2 years of cancellation.

Should an Alfresco Dining Area be operated without the necessary permit, an infringement notice may be served and/or further action will be taken.



Contact Information

Applications for Alfresco Dining Areas may be obtained from Council and are available on Council’s website. The application forms are also attached at the end of this document at Appendix B.

All Alfresco Dining Area Applications are to be addressed to:

Mildura Rural City Council Development Services, Local Laws PO Box 105 Mildura VIC 3502

Any queries regarding prospective Alfresco Dining Permit applications or existing outdoor dining areas can be made by contacting the Council Customer Service on 5018 8100.

Please direct your call to the relevant department/s, which are as follows:

Responsibility Council Department

Removable furniture including barriers, umbrellas, A-Boards etc.

Local Laws

Any Permanent Fixture which is fixed to Council property eg. Shades/umbrellas bolted to footpaths

Engineering

Building Development not exempt from a Planning Permit. Liquor licensing.

Statutory Planning

Footpath Cleaning Waste Management

Footpath Maintenance Infrastructure Maintenance Services

Smoking Compliance Environmental Health



Appendix A – Compliance Check sheet

This Compliance Check sheet is provided to assist proponents and Council in the assessment and maintenance of Alfresco Dining applications.

Particular attention is given to assessing compliance / non-compliance against the objectives and performance criteria of the Alfresco Dining Policy. An opportunity is also provided to comment on any non-compliance identified through the assessment.

This check sheet provides assistance to ensure all design and performance guidelines are being followed when applying for or maintaining an Alfresco Dining Area.

ELEMENT COMPLIANCE (Yes/No/NA)

Comment

Element 1 - Location Layout/width/clearance incorporates minimum distances for safe, unobstructed pedestrian access. [1.1 – 1.3]

Trading Area not extend to neighbouring properties unless approved by neighbour, Council [1.4]

Considers access from/to disabled parking. [1.5]

>10m from road corner. [1.6]

Element 2 - Streetscape and Amenity

Trading area tidy & hygienic. [2.1]

View/vistas maintained & not blocked by shade, structure or furniture. [.2]

Existing street elements remain in place and do not require to be moved (trees, signs, bins etc.) [2.3]

Contributes to existing landscape. [2.4]

Element 3 - Chairs and Tables

All Trading Furniture within Trading Area. [3.1]




Comment

Trading Area with chairs with backs to roadway have barrier next to road. [3.2]

Chairs/tables suitable for outdoor use. [3.3]

Fixed chairs/tables have Council consent. [3.4]

Trading Furniture in a contemporary style, appearance, materials, finishes, colours. Where style & colour do not detract from character of buildings/landscape. [3.5 – 3.6]

Min. 30mm diameter rubber pads on chair/table legs, adjustable to suit pavement levels. [3.7]

Portable, sturdy and windproof furniture. [3.8]

Maximum ratio of one table & four chairs per 4m2 (dependent on Trading Area size). [3.9]

Additional seating may trigger need for additional car parking & amenity provisions. [3.10]

Chairs/tables maintained to satisfaction of Council. [3.11]

Permanently fixed structures are property of Council once premises vacated. [3.12]

Element 4 – Heaters, Fans and Lighting

Heaters AGA approved. Fitted with auto-switch off when tilted. [4.1]

Heater installed/checked by registered gas fitter. [4.2]

Heater and fans to remain within the approved Trading Area [4.3]




Comment

Adequate lighting for pedestrian safety. Lighting must be permanently fixed. Flashing/chasing lights not to be used. [4.4 – 4.6]

Element 5 - Shelter, Shade and Barriers

Appropriate use of shelter, shade and barriers [5.1]

Min. 0.6m access way from projected property boundaries. [5.2]

Trading Area facing building remains open. [5.3]

Extension across neighbouring property requires consent from neighbouring trader, landowner and Council. Access way provisions along projected boundary lines still apply. [5.4]

Wide shop frontage requires additional access way/s. [5.5]

Barriers/Shade fixed to ground require Engineering Department approval. [5.6]

Shades and barriers must be within the approved Trading Area [5.7]

Energy Absorbing Bollards (EABs). Approval required. [5.8]

Side curtains. Approval required. [5.9]

Planter boxes require Local Laws approval. Appropriate plant species. [5.10 – 5.13]

Min. 2.5m clearance from building and proposed permanent structures. [5.14]

Consent from VicRoads (if required)[5.15]




Comment

Element 6 - Advertising

Advertising complies with Mildura Planning Scheme. [6.1]

Consent from Council required for “A-Boards”. [6.2]

Trading name/logo may be displayed on shelter, shades & barriers within guidelines. [6.3]

Commercial advertising no more than 10% of surface area of screen, umbrella. [6.4]

Advertising not illuminated internally/externally without approval. [6.5]

No advertising on chairs/tables. [6.6]

No advertising on Council street furniture. [6.7]

No logos/advertising on permanent structures. [6.8]

No liquor/tobacco or other restricted advertising. [6.9 – 6.10]

Element 7 - Hazard Management

Located within a safe location in respect to security, provision of sightlines & safety from vehicles. [7.1 – 7.3]

Clear pedestrian routes including wheelchair access ramps. [7.4]

No restriction to adjoining buildings, pedestrian access, vehicular access etc. [7.5]

All furniture removed outside trading hours. [7.6]

All furniture to be removed during extreme weather, emergency situation, or as




Comment

requested by Local Laws. [7.7 – 7.8] Furniture must not have sharp edges. [7.9]

Element 8 - Management

Public Liability Insurance. Min. $10 million. [8.1]

All items positioned as per permit/approval. [8.12

Cleanliness and hygiene of Footpath Area and Trading Furniture must be maintained in accordance with relevant food Acts/Regulations. [8.3 – 8.6]

Grease, stains and other marks must be cleaned immediately and completely from the Footpath Area. [8.7]

Waste, scraps & litter to be disposed of properly. [8.8]

Bins must be emptied daily, or as necessary when full. [8.9]

Pedestrian clearances and safety requirements to be maintained at all times. [8.10]

Prepare food internally, not in Trading Area. [8.11]

Tables to be clear & not preset with cutlery, glasses etc. [8.12]

Comply with current Local Laws in regards to smoking. [8.13]

Where smoking is permitted, ashtrays must be windproof, emptied regularly, and no ash/butts to litter the area. [8.14]

Permission required for amplified music, live entertainment, television broadcasts etc. [8.15]




Comment

Provision of toilet facilities/sanitary conveniences. [8.16 – 8.17]

Increase in seating capacity may require planning permit. [8.18]

Trading Area delineated by line marking/aluminium rivets in consultation with Council. [8.19]

All removable furniture removed from Footpath Area between 1am and 6am unless approved by Council. [8.20]

Persistent grease/stains cleaned by Council at cost to Trader [8.21]

Variation to Trading Furniture, Permanent Fixtures or Permanent Structures requires re-application of Permit Council [8.22]



Appendix B – Application Form Only this Application Form and related documents need be returned with application. The Alfresco Dining Policy document may be kept for future reference.

Contact Information

SURNAME: FIRST NAME:

RESIDENTIAL ADDRESS:

CONTACT NUMBER:

EMAIL:

TRADING NAME:

TRADING ADDRESS:

POSTAL ADDRESS:

IS THIS APPLICATION A VARIATION TO AN EXISTING PERMIT?

YES / NO

SIGNED: DATE:

Conditions

The permit holder agrees to indemnify and keep indemnified Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, arising out of or in any way related to the granting of this permit and be directly related to the negligent ads, errors or omissions of the permit holder.

The Permit is only valid subject to compliance with the elements laid out in the Alfresco Dining Policy. Any variation will cause the permit to be invalid and will be revoked.

Permit is not transferable.

Permit and proof of insurance is to be available for inspection at the request of an Officer of Council.

Alfresco Dining Permits are granted annually and expire on 31 August of each year.



Permit fees are payable and set by Council. Please contact Local Laws for current fees payable.

Trader must have an appropriate Waste/Litter Management Plan or be aware of their responsibilities in regards to waste, litter and maintaining a clean Footpath Area as outlined in the Alfresco Dining Policy. If Footpath Area is not cleaned to an acceptable standard by the Trader, cleaning fees payable to Council may be applicable.

All Removable Furniture must be removed by 1am and must not be placed on the footpath prior to 6am.

Failure by the Trader to comply with the conditions shall result in Council exercising its rights to revoke the permit and to impound facilities.

If Trader places equipment on the footpath or road without a permit may be issued an infringement notice and the equipment may be impounded. A fee must be paid to Council before any items are released.

Council may revoke a permit at any time if the behaviour of patrons using an outdoor facility becomes rowdy, offensive or otherwise disruptive of the quiet use and enjoyment of the Footpath Area or Road.

By signing and submitting this application you agree to have read and understood all the conditions laid out in this Policy.

SIGNED DATE

Included With This Application:

Proof of Public Liability Insurance

Details of any structures or fixtures which are planned to be fixed to the Footpath Area and details regarding how they are to be fixed.

Plan of Proposal which:

Is drawn to scale Shows the placement of any permanent or removable barriers, shade structures or

other constructions within the Trading Area Show the approximate placement of all Removable Furniture, including the

placement of any heaters and fans, within the Trading Area Shows dimensions of Footpath Area, distances from kerbs, distances from

neighbouring properties, shopfront distances and dimensions, dimensions of the proposed Trading Area, distances and relationship to adjacent or nearby pedestrian crossings, and any other dimension or item which is relevant to the proposal, as any approved permit will only apply to what has been detailed in this application



Details of Application

What does the proposal seek to place on the Footpath Area? Barriers, Umbrellas, Chairs, Tables, Removable Furniture, fixed etc. (Photos or examples of furniture may be included if required. The approximate placement of these items must also be shown on the plan drawing).

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Will the furniture be removed from the Trading Area between the hours of 1am and 6am?

YES / NO

Will alcohol be served in the Alfresco Dining Area?

YES / NO

Does the Business/Trader have a Waste/Litter Management Plan? YES / NO

If NO, please ensure that the policy is read and the requirements understood. These requirements form part of the conditions for Permit approval.

If YES, please ensure that Plan is in line with Alfresco Dining Policy waste and litter guidelines.

Have any other authorities been contacted in regards to this Alfresco Dining Permit Application? Eg. VicRoads, Local Police etc.

If YES, which authorities? ______________________________________________________ ______________________________________________________ ______________________________________________________

YES / NO



Office Use Only Application No.:

1. Local Laws

Signed Date

Approved Approval Not Required Rejected

Document/s Attached

Comments______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Engineering Services & Asset Development

Signed Date


Document/s Attached

Comments______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Statutory Planning

Signed Date


Document/s Attached

Comments______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Return to Local Laws when all sections completed.

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