Permit Conditions
Please ensure you read the permit conditions, as they will form part of your permit. This permit is non-transferable. If the business ownership changes, the new owner will need to apply for a new permit.
PERMIT CONDITIONS
1. FEES The annual rental payment for the allocated area must be made in advance by the applicant before a permit is issued. Alternatively, you may make periodic payments via direct debit by agreement with Council’s appointed Property Manager. Interest of 15% per annum will be charged on those amounts that remain unpaid after they become due and payable. Interest accrues on a daily basis.
2. LICENCE AGREEMENT The applicant/permit holder shall sign a licence agreement for the permit area as necessary.
3. INDEMNITY AND PUBLIC LIABILITY INSURANCE The indemnity statement and public liability sections of the application form must be completed and signed by the applicant before a permit is issued. The Roads & Maritime Services NSW (RMS) in respect of State Roads, must be named on your insurance as joint insured for the respective rights and interests of yourself, Council and where necessary, the RMS, in respect of your outdoor dining or goods display area on the footpath. (State Road areas including Military Road, Falcon Street, Pacific Highway, Berry Street, Arthur Street and Miller Street, north of Falcon Street.)
4. LICENSED PREMISES The applicant is responsible for seeking a licence from the relevant authorities if alcohol is to be served in the permit area. Council may oppose such an application in certain circumstances.
5. SMOKING In accordance with Council’s Smoking in Public Places Policy, smoking is prohibited in outdoor dining areas on Council-owned land or under Council’s care, control and management where Council has issued a licence for the purpose of outdoor dining.
6. PEDESTRIAN SAFETY The permit holder must ensure that the outdoor dining or goods display area is maintained and operated safely and that pedestrians have free access to the remaining area of the footpath. A clear passage of at least one metre be maintained at all times in front of exit doorways from adjoining and adjacent premises. If directed by Council, the permit holder will immediately remove or make safe any outdoor dining or goods display area. If the permit holder does not comply with this direction, Council may remove any outdoor dining or goods display furniture and the permit holder will be required to reimburse Council for any associated costs.
7. ADVERTISING SIGNS No freestanding (A-frame) advertising signs are allowed within the permit area. Any advertising and or signage must be in accordance with the Outdoor Dining and Goods Display Policy the exempt development provisions for signage under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (refer to clauses 12.15, 1.16 and 2.83-2.107). Page 8 NORTH SYDNEY COUNCIL Permit for an Outdoor Dining or Goods Display Area in a Public Place
8. ANCILLARY EQUIPMENT The permit holder must obtain Council’s consent prior to installation of ancillary equipment such as umbrellas, free-standing barriers and the like.
8A. ANCILLARY EQUIPMENT All temporary furniture and equipment must be removed from the footpath and stored within the premises, at all times outside of the approved operating hours of the premises.
9. MAINTENANCE OF PERMIT AREA The outdoor dining or goods display area shall not cover or impede access to public or private utility access and drainage pits. Authorities such as Telstra and Sydney Water must be given access to the site if required. The outdoor dining or goods display area shall not obstruct the view of advisory and regulatory signs and traffic controls. The permit holder shall clean the permit area daily, remove litter, food scraps and so on, and prevent damage to any Council property. If the permit holder does not comply with this condition, Council may carry out the necessary work and the permit holder will be required to reimburse Council for any associated costs.
10. PERMIT DISPLAY The permit, which shall include a locality sketch prepared by Council, must be displayed in the front window of the subject premises at a minimum height of 800mm and a maximum height of 1700mm above ground level. This will allow Council Officers to check the permit without disrupting your normal business.
11. VACATING AND REINSTATEMENT Should the permit expire or the premises be vacated, the permit holder shall, at their own expense, remove all outdoor dining or goods display furniture and ensure the area is returned to its original condition. The permit holder shall notify Council in writing, three weeks prior to vacating the premises.
12. CANCELLATION Council reserves the right to revoke or not renew the permit if the outdoor dining or goods display area does not conform with the description provided in the application or the outdoor dining or goods display furniture or activities extend beyond the approved permit area or if permit conditions are not complied with. Council also reserves the right to revoke the permit should there be a change of Council policy on this issue. “Council reserves the right to revoke or suspend any outdoor dining licence if the holder of the licence is in arrears for more than 4 weeks or to the amount greater than the bond paid to Council as part of the licence agreement”. Permits are issued under Clause 125 of the Roads Act 1993, Council’s Policy for Outdoor Dining or Goods Display in a Public Place and the provisions of the North Sydney Local Environmental Plan 2013 (as amended).