Onstreet Trading & Outdoor Dining

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Overview

Visually there is no better indication of the strength of business than the use of adjacent footpaths for outdoor dining or onstreet trading. Both activities create interest and serve to stimulate the local economy.

The City of Burnside provides guidelines and application forms for both Onstreet Trading and Outdoor Dining, which regulate the display of goods and trading on Council footpaths within public spaces (footpaths and streets).

Appropriate locations for onstreet trading and outdoor dining are those adjoining sites which have already been approved for retail use, that is, within the District, Neighbourhood, Local Centre, Business, or Local Business zones.

For trading on the footpath area including for outdoor dining purposes, an initial fee and thereafter an annual license fee will be payable.

Fees are set by Council annually and published in the Annual Schedule of Fees and Charges, based on net area. Should a public area be required for the display of items only, with no trading or service on the footpath, no annual licence fee is payable, however a permit is still required.

The trader is responsible for cleanliness of the designated trading/dining area and must ensure that no nuisance to the general public is created by the trading or dining experience.

Onstreet Trading

Footpaths are primarily for the use by the public.

At times it is appropriate to allow traders the use of these public spaces for commercial activities, particularly if these activities will enhance or contribute to the amenity of a location or precinct.

Outdoor Dining

Alfresco dining enhances the enjoyment of the dining experience for patrons of cafes and restaurants, and contributes to the vibrancy and street appeal of the precinct or location. Alfresco dining experiences also create interest and attract locals and tourists to the community, which in turn supports the local economy.

Outdoor dining areas may be located on a footpath or another public space adjoining a cafe or restaurant. These dining areas may contain tables, chairs and other furniture or equipment required for dining, or for the operation of the dining area. Street furniture to be approved by Council prior to installation and use.

Safety barriers (bollards) may be installed or present in outdoor dining areas for purposes of patrons safety. If existing safety barriers are upgraded, newly installed as a result of change of risk profile at the site, end of usable life of the existing barriers, damaged barriers, or for another reason, the annual rental fees associated with the safety barriers will apply.

Guidelines

Guidelines for the regulation of the display of goods and trading on Council footpaths within public roads; adopted by the City of Burnside 13/02/1997.

  1. Appropriate locations are those adjoining sites already approved for retail use and within the District, Neighborhood of Local Centre or the Business (Glen Osmond Road), or Local Business zones;
  2. A clear space of 1.5 metres for pedestrian flow is to be maintained;
  3. The proponent is responsible for pedestrian protection bollards to the specification and satisfaction of the City Engineer, which are required by this Policy, so as to protect persons sitting at any tables or benches on the footpath;
  4. Public Liability Insurance (cover note in favor of the Council on the proponent's policy) for $10 million is required and copy provided to the Council;
  5. Flexi-removal structures (tables/chairs, umbrellas, storage/display structures on wheels), are preferred and require licensing only, but where structures are proposed to be fixed and permanent or semi-permanent, development application and approval is also required (including referral to D.A.C. for decisions, assessment of aesthetics and potential parking fund contribution). All street furniture is to be approved by the General Manager, Urban Services prior to installation and use;
  6. Bollards and any structures are to be set back 0.6 metres from the adjoining kerb line and a reasonable supply of car parking is to be available in the near vicinity;
  7. Street trees, seats, bins and paving are to be retained wherever possible except in specific circumstances where removal, relocation or replacement is, in the opinion of the City Engineer, justified and then this shall occur at the cost of the proponent;
  8. The proponent is responsible for cleaning the relevant area and ensuring no nuisance to the general public is created;
  9. A development application is required and the relevant process will apply where structures are permanent or semi-permanent and in either case are permanently fixed to the ground or adjoining building;
    1. For trading on the footpath area, an initial and annual licence fee at the rate of $29.90 per square metre in and adjacent the District Centre Zone and all other locations; based on the net area (excluding through pedestrian path way), is to be paid to the City of Burnside prior to issue of licence, and payable in advance in July of each year, and the licence may be issued conditional on compliance with specified conditions; and
    2. For display of items only with no trading and service on the footpath, no annual licence fee is payable;
  10. Application is by way of letter with accompanying scaled drawings, insurance cover note and an application fee of $33.45