Item 8.6 - Attachment 1
Draft Enforcement Policy Outdoor Dining
& Footpath Areas
Table of Contents
4. Related policies & legislation
5. Areas of Possible non compliance
6. Protocol actions for non compliance
Parramatta City Council (Council) is responsible to the community for
the management of roadside areas and the
activities conducted within them including outdoor
activities. Outdoor Footpath dining areas potentially have
a positive impact upon the vitality of the
and key shopping precincts
The City will always supports such outdoor dining activities that
comply with the conditions of all applicable consents and approvals provided there is compliance with the Outdoor
Dining Policy, conditions of consent relating to the particular outdoor dining
area and Council’s approval conditions.
Council intends to regulate outdoor dining
activities in accordance with this policy.
Operators are encouraged
always maintain good record keeping and conduct outdoor dining
activities in accordance with the conditions of all applicable consents and
approvals together with any seek to
operate their activity in accordance with approved management plans.
The aim of
this policy is to establish fair, impartial and equitable guidelines for the
exercise of discretion that Council (and
Council staff) must use in dealing with outdoor dining
policy provides a legal and administrative framework to assist Council in
making decisions in its enforcement functions in a timely and efficient manner.
policy also provides information to the public about the Council’s role and
policy on enforcement.
policy applies to the enforcement of identified unlawful use or failure to
comply with the
conditions of all applicable consents and approvals.
Council will always seek to
encourage a professional relationship in its liaison with operators of footpath
4. Related Policies
shall be read in conjunction with the Outdoor Dinning Policy adopted by Council from time to time.
relevant to the preparation and implementation of this policy includes (without limitation)
The Local Government Act 1993 and related & Rregulations.
The Environmental Planning &
Assessment Act 1979 &and related r Regulations.
The Public Health Act 1991and related & Rregulations.
The Food Act 2003 and
related & Rregulations.
Transport Act 1993 and
related &r Regulations
5. Areas of Possible non-compliance
In relation to outdoor dining activities
there are three (3) potential areas of non-compliance which may require Council
to take appropriate enforcement actions.
§ Failure to
comply with conditions of any
with an expired licence or approval or not in accordance with
licence or requirements or any current licence or
without a current
/ approval or without consent .
6. Protocol actions for non-compliance
The method to be
followed in the
of enforcement of any ing breach or non compliance with the conditions
of consents or approvals or
licence in respect of outdoor dining areas es of
the footpath area shall be determined in accordance with the
Parramatta City Council Enforcement P policy and the following
arethe general guidelines for enforcement
actions associated with non-compliance stated
in this policy.
Council has discretion in
accordance with the Enforcement Policy and Outdoor Dinning Policy to vary these
protocols depending on individual circumstances, the nature extended on
compliance or prior non-compliance. Council
has the ability to suspend the approval for a period of up to 3 months in
accordance with clause 2.30 of the Outdoor Dining Policy. These protocols are
aimed at achieving responsible and appropriate solutions to
dining issues arising in
respect of outdoor dining areas.
Breaches of development consent
1 – Written and verbal notice to
Strategic Asset Management of the non compliance for inclusion on any register
maintained for recording non compliances.
Strategic Asset Management of the non compliance for inclusion
on on any register maintained for recording non compliances.
3 – If non-compliance continues
action may be taken by Council (Strategic Asset Management Unit) to suspend the
approval for up to 3 months.
with an expired approval or licence
1 – Application form is issued to
operator and advised in writing and verbally that work / operation should cease
until approval is renewed.
Operating without consent or without
and ce provided that operations must cease until potentially court action.
This policy shall be reviewed
within three (3) years of its adoption by the Council.