Town of Gawler promotes outdoor dining in commercial areas and wishes to support the appropriate use of public spaces for outdoor dining and welcomes the enhancement of street life that flows from this. Indoing so, its also wants to preserve pedestrian safety.
Council has a process for issuing permits to cafes, restaurants, hotels and delicatessens for the use of part of the footpath space in front of their premises, which takes into account other competing uses of footpaths. There is a need to establish a practical balance between the various groups. Footpaths are the realm of pedestrians. The issuing of a permit for private use, such as outdoor dining, does not grant exclusive rights over the relevant public space and cannot exclude the general public from using tables and chairs provided for the purpose of outdoor dining.
Outdoor dining requires a permit. To obtain a permit you will need the following, which are available below or at the Council’s Office at 43 High Street, Gawler East:
a) An Application Form;
b) A copy of the Outdoor Dining Policy which specifies the standards required for pedestrian and traffic circulation, layout, furniture selection, etc. (incorporating health, traffic and urban design guidelines);
c) Information on local laws addressing liquor licence and health requirements, and other matters; and
d) Other relevant policies, by-laws and requirements.
The following information is required as part of an application for a new Outdoor Dining Permit:
- Completed Application Form;
- Public Liability Insurance / Certificate of Currency, including legal indemnity for the Town of Gawler;
- A receipt for payment of fees in accordance with the Town of Gawler’s Schedule of Fees and Charges.
The use of a public footpath as an outdoor dining area attracts an annual permit fee calculated on the number of sets (comprising a table and four chairs, equivalent of 2sqm of footpath space), and according to the Standard Schedule of Fees and Charges. The Town of Gawler has the right to review the rates on a regular basis. One-off administration fees are charged for:
- Application for a Permit
- Renewal of a Permit
- Transfer of a Permit
If building work is proposed, such as the erection of permanent structures or plastic blinds, this represents Development under the Development Act, and an additional Development Application fee applies.
An Outdoor Dining Permit is valid for 12 months upon approval, and may be cancelled or amended if:
- the proprietor fails to comply with the permit conditions ; and/or
- there are changed conditions affecting the outdoor dining area in its particular location, such as increased risk to health or safety; and/or
- an officer of Council determines, such as streetscape upgrades or refurbishment.
In some instances, outdoor dining may represent ‘development’ under the Development Act, and thereby in addition to the Permit, requires Development Approval. Items that require Development Approval are those defined as ‘building work’ in the Development Act, including:
- fixed screens
- full height enclosures (e.g. plastic screens)
- permanent structures (e.g. shade structures)
If Development Approval is required, the applicant will be notified of the need to apply for ‘development approval’ and be advised on the process and requirements. Additional fees and timelines apply.
In some instances, an outdoor dining applicant may wish to request changes to the public realm to accommodate or improve outdoor dining activity, such as widening of the footpath or relocation of existing public infrastructure.
Where changes to the public realm are requested, this has to be clearly stated in the application for an Outdoor Dining Permit. Pre-application meetings with Council officers to discuss the proposal are recommended.
Changes to the public realm will only be approved if carried out to Council standards. All costs associated with changes to the public realm by request of the applicant are to be borne by the applicant.
A site plan of existing conditions, drawn to a professional standard at a scale of 1:100, showing the following:
- Footpath width (measured from outside face of kerb to building line)
- Location of building lines
- Abutting properties
- Existing trees
- Light poles
- Existing and Proposed signs (include % of total area of signage)
- Existing Street Furniture
- Service Pits
- Fire Hydrants
- Car parking and other features
- Any other dimensions affecting the layout (i.e length of the building frontage).
- Proposed location and the arrangement of all proposed screens, tables, chairs, and umbrellas, including all setback dimensions, etc;
- An elevation (front view) of the proposed outdoor dining area where umbrellas or other structures are proposed (that may impact on existing canopies and trees);
- Photographs, references to supplier catalogues, and/or architectural drawings detailing proposed furniture;
- Details of any external lighting, showing the type of fixtures and position;
- Details of any advertising (i.e. proposed cafe logo, size and location on screens and/or umbrellas);
- One or more photographs of the site, clearly showing the proposed outdoor dining area relative to buildings, and the existing features on the footpath; and
- Where applicable, a letter outlining the support of the Local Area Group or Traders Association, is encouraged.
- The applicant shall arrange for any amendments required to the plan to be re-submitted before final approval can be given.
Permit holders must take out and keep current a public risk insurance policy noting
specifically the interest of the Town of Gawler as an insured party.
The policy must insure for the amount of at least TEN MILLION DOLLARS ($10,000,000) and must cover injury, loss or damage to persons or property arising out
of the activity carried out under this Permit or the granting of this Permit by the Council.
A Certificate of Currency for the policy must accompany the application or renewal of an Outdoor Dining Permit.