Outdoor Dining Background Paper

Local Government Association of SA

Outdoor Dining Background Paper

Draft as at 18 December 2015

Contents

1Purpose and Scope

1.1Legislation and Policy

1.2Definitions

1.3Key Principles Underlying the Guidelines

2Model Guidelines

2.1Physical Layout – Siting and Functional Zones

2.1.1Siting

2.1.2Functional Zones

Pedestrian Zone:

Outdoor Dining Zone:

Kerb Zone:

2.2Road Safety

2.3Accessibility

2.4Outdoor Furniture and Equipment

2.5Entertainment

2.6Liquor Licensing

2.7Smoking

2.8Advertising

2.9Special Conditions

2.9.1Development Approval

2.9.2Heritage and other Significant Areas

2.10Permit Requirements

3Evaluation and Review of Guidelines

4Attachment

1Purpose and Scope

South Australia is well known for its high quality food, wine and affinity with al fresco dining. Our temperate climate creates opportunities for outdoor eating, drinking and entertainment for most of the year. As well as being a popular leisure activity, outdoor dining also contributes to the vibrancy and interest of our streets and laneways, attracting tourism and supporting local economies.

Many councils have embraced the increasing interest in outdoor dining and are developing policies and guidelines to assist businesses to establish appropriate areas as an extension of their trading.

The Local Government Association of South Australia (the LGA) has recognised this growing demand and is supporting councils in the identification and management of legislative, planning and administrative requirements to establish safe, attractive and accessible outdoor dining areas.

The LGA has worked with metropolitan Adelaide councils with extensive outdoor dining areas to develop these model guidelines for all councils to adopt and tailor to their specific requirements as they see fit.

1.1Legislation and Policy

• South Australian Local Government Act 1999, section 222
• South Australian Development Act 1993
• South Australian Work Health and Safety Act 2012
• Federal Disability Discrimination Act 1992
• Australian Standards

Liquor licensing and smoking are also key elements that need to be considered in the planning, implementation and management of outdoor dining. South Australian legislation on liquor licenses and smoking in public places includes:

• South Australian Liquor Licensing Act 1997
• South Australian Tobacco Products Regulation Act 1997

1.2Definitions

Outdoor dining is defined as the use of the public footpath or a public space for the purpose of extending the seating space of an adjacent business whose main function is the provision of food and/or beverages to the public. Such businesses can include restaurants, cafes, bars, hotels, delicatessens and other food and beverage outlets.

Outdoor dining should be directly associated with the business that holds the outdoor dining permit and should only operate when those premises are open for business.

For the purpose of these model guidelines, the definition of outdoor dining does not include parklets.

1.3Key Principles Underlying the Guidelines

The LGA supports the appropriate use of public footpaths for outdoor dining determined within an assessment process that balances the varying needs of all users.

While the highest priority in approving outdoor dining is maintaining public safety, this is not the only factor to be considered. Public safety can be addressed in various ways while still achieving the other key principles of: vibrant and active street life, maintaining accessibility, protecting residential amenity and supporting local economies. The goal for local government is to work with applicants to achieve all of these priorities.

2Model Guidelines

2.1Physical Layout – Siting and Functional Zones

The siting, layout and alignment of outdoor dining zones are the key factors to determine when assessing how an application balances the needs of councils, businesses and community members.

With assistance from council staff, applicants should submit a detailed site plan that clearly defines the functional zones, layout and specific dimensions of their proposal.

2.1.1Siting

Outdoor dining should be located directly outside the business to which the permit relates, on a section of footpath not required for existing or future public use.

Outdoor dining should be considered where its location, size or layout will not compromise:

• the safety of road users, diners or pedestrians;
• public access through the area;
• the range of activities currently available on the street; or
• the operation of adjacent businesses.

Outdoor dining areas are generally located on the kerbside. This location maximises safety for pedestrians, people with mobility aids and people with a vision impairment who use the building line to navigate.

Outdoor dining located on the building frontage may be appropriate on streets with low or zero vehicle traffic, with narrow road reserves or in shared use zones (where the roadway is shared by pedestrians and vehicles).

The alignment of any outdoor dining areas approved on a street should be consistent for the entire length of the street.

2.1.2Functional Zones

Outdoor dining areas are divided into three main functional zones: pedestrian (or footpath) zone, outdoor dining zone and kerb zone.

Pedestrian Zone:

The Pedestrian Zone is defined as the footpath area required to be kept clear for pedestrian access, located between a building frontage, fence or property boundary and the Outdoor Dining Zone.

Pedestrian Zones should have a minimum width of two metres to ensure an accessible path of travel for all people, including those with a disability, mobility aids, bicycle or pram.

A risk assessment may identify locations where a Pedestrian Zone of less than two metres can be considered, depending on the type of street, traffic volumes, number of pedestrians, existing outdoor dining or goods on footpath, or other site-specific issues.

Outdoor Dining Zone:

This zone refers to the area where outdoor dining is permitted by council. It defines the zone in which all outdoor dining items must be contained, which may include tables, chairs, umbrellas, A-frame signs, planter boxes and screens.

Outdoor Dining Zones must be made accessible for people with a disability in accordance with the DDA 1992 and the relevant Australian Standards. Sufficient space is required around each table to reduce potential congestion, allow safe movements and prevent diners or furniture encroaching into the Pedestrian Zone or Kerb Zone.

Kerb Zone:

The Kerb Zone refers to the area located between the outer edge of the roadside kerb and the boundary of the Outdoor Dining Zone. Its purpose is to provide a safe buffer zone between the roadway and diners in the Outdoor Dining Zone.

Standard widths used by councils for Kerb Zones are 600mm when adjacent to a travel lane or parallel parking area. Increased widths may be required when outdoor dining is proposed adjacent to angle parking, loading zones, bus stops or taxi ranks.

Outdoor dining furniture should not be located within a Kerb Zone including tables, chairs, planter boxes, screens and blinds. In contrast, energy-absorbing bollards must be located within the Kerb Zone if they are required to ensure diner safety. Bollards are generally located a minimum of 600mm from diners and outdoor dining furniture and installed with a maximum gap of 1.2m between consecutive bollards.

2.2Road Safety

Road safety is a key issue to consider when assessing applications for outdoor dining. A safety risk assessment should be undertaken for each new application for outdoor dining and the annual renewal of existing outdoor dining areas.

Site characteristics that generally indicate the need for bollards include:

• Travel lanes adjacent to outdoor dining areas
• High traffic volume and/or speed roads
• Vehicle crash history on the section of street
• Outdoor dining adjacent roundabouts or on corners
• Outdoor dining adjacent four-way intersections

If bollards are required, a traffic engineer should be engaged by the applicant to:

• Design the layout of the dining area
• Undertake the footing design
• Oversee the installation; and
• Certify the works are in accordance with current legislation and the conditions of the council-issued permit.

Approved outdoor dining areas on footpaths must not impact on traffic safety. Sightlines must be maintained for drivers in accordance with the relevant Australian Standard and the AustRoads Guide to Traffic Engineering Practice, and the location of outdoor dining must take into account the surrounding road conditions.

2.3Accessibility

Outdoor dining areas should be designed to maximise accessibility for people with a disability and/or mobility difficulty including people using a wheelchair, motorised mobility aid or with a vision impairment.

Tables, chairs and other items of outdoor dining furniture should not encroach into the Pedestrian Zone or provide any other form of trip hazard. Footpath markers installed by Council can provide clear indication to traders on the external boundary of their approved dining area.

2.4Outdoor Furniture and Equipment

Outdoor dining furniture should be sturdy, of high quality design and construction and positively contribute to the amenity of the streetscape. All products should be fit for purpose, clean and well-maintained.

Fully removable or semi-fixed (able to be removed without tools when the business is not operating) outdoor dining furniture and equipment is recommended to:

• facilitate council street cleaning;
• allow for flexible use of the area at different times;
• reduce any perceptions that the public footpath has been privatised; and
• maximises pedestrian access when the business is not trading.

Where fixed tables are preferred to minimise the likelihood of permit-holders or diners moving them into the Kerb Zone or Pedestrian Zone and creating safety hazards, they should be sited in coordination with council staff and allow the footpath to be reinstated to its original condition on removal.

2.5Entertainment

Live entertainment can enhance the attractiveness and vibrancy of outdoor dining areas except if it is amplified, obstructs pedestrian movements or impacts negatively on adjacent traders or local residents. Applicants proposing live entertainment should have regard to any relevant council policies or regulations, undertake any required approval processes and have the consent recorded as a special condition on their annual permit.

2.6Liquor Licensing

Applicants should reference their intention to apply for a liquor license within their application to council for an outdoor dining permit. Each council may require a separate approval for the consumption of alcohol and traders will also need to apply to Consumer and Business Services.

While patrons are no longer required to be seated to consume alcohol in an outdoor dining area under the Liquor Licensing Act 1997, councils may identify their own conditions to the outdoor dining permit that limit trading hours, the number of tables and chairs or the number (or proportion) of people that can be standing in addition to those seated in an outdoor dining area.

2.7Smoking

From 1 July 2016, smoking will be banned in outdoor dining areas in South Australia under section 52 of the Tobacco Products Regulation Act 1997. This includes outdoor dining areas at venues such as pubs, cafes, restaurants, fast food outlets and temporary eateries at events.

The new law is designed to protect the community from exposure to potentially harmful tobacco smoke and increase the comfort and enjoyment of outdoor dining areas for all patrons.

Signs indicating the outdoor area is smoke free must be displayed in such numbers and positions of prominence that they are likely to be seen by people within the area.

Councils can also include these new measures as special conditions in their outdoor dining permits.

2.8Advertising

One of the principles of outdoor dining is that it seeks to make a positive contribution to the streetscape and local amenity. The installation of advertising has the potential to detract from the visual attractiveness of the outdoor dining area. Signage to promote the name of the business may be appropriate in limited areas and can be considered by council in accordance with the Development Act 1993 where relevant.

Third party advertising (ie not related to the business) is generally not permitted in outdoor dining areas or on any items of furniture or equipment.

Details of any proposed signage and advertising including menus must be submitted to council as part of the application.

2.9Special Conditions

2.9.1Development Approval

Applications for large-scale outdoor dining areas may be assessed as a change of use of the footpath and require a Development Application. Development Approval for such a permit would need to be authorised under the Local Government Act 1999 and be in accordance with any existing Council by-laws in place.

Some applications may include significant furniture installation, such as fixed screens, road safety elements such as bollards, enclosures, shade structures or signage. This may be assessed as building work under the Development Act 1993 and may also require a Development Application.

Applicants should be advised of the requirement for a Development Application, and any associated fees and timeframes for assessment, when preparing their outdoor dining application.

2.9.2Heritage and other Significant Areas

Outdoor dining proposed in or adjacent to heritage or conservation areas should be of appropriate size and character to complement the existing amenity. In addition, outdoor dining applications in or nearby to established entertainment precincts or other designated areas should have regard to the specific siting, layout and design requirements already in place.

Applications for outdoor dining in heritage or other significant areas may require specialist input and involvement from additional officers including heritage advisors, development assessment planners or community safety officers.

2.10Permit Requirements

Outdoor dining permits are generally approved for a period of twelve months and apply to a financial year or the relevant pro rata portion. Permits may be revoked or amended by council if:

• traders fail to comply with the general and specific conditions attached to the permit
• changed conditions in the street or precinct, such as traffic volumes or car parking, result in negative impacts on outdoor dining areas
• other issues arise requiring amendment or cancellation such as council streetscape upgrades or installation of new street furniture.

Permits must be renewed on an annual basis and ideally through an online process to minimise administrative paper work for council staff and applicants. Permits should only be renewed if applicants can demonstrate continued adherence to the permit conditions and maintenance of public safety and access.

Applicants must hold relevant public liability insurance and ensure it notes council as an interested party. Insurance is generally required for the minimum amount of $20 million and must cover injury, loss or damage to persons or property.

3Evaluation and Review of Guidelines

These guidelines were endorsed by ______
to take effect on ______

Thereafter they will be reviewed annually.
The next date of review is______

4Attachment

LGA of SAModel Guidelines for Outdoor Dining – December 2015 Page 1 of 10

LGA of SAModel Guidelines for Outdoor Dining – December 2015 Page 1 of 10