Item 9.4 - Attachment 1 |
Draft
Enforcement Policy Outdoor Dining |
Enforcement
Policy
Outdoor
Dining
&
Footpath Areas
Table of Contents
1. Introduction
2. Objective
3. Scope
4. Related policies & legislation
5. Areas of Possible non compliance
6. Protocol actions for non compliance
7. Review
1. Introduction
Parramatta City Council (Council) is responsible to the community for
the management of roadside areas and the
activities conducted within them including outdoor footpathdining
activities. OutdoorFootpath dining areas potentially have
a positive impact upon the vitality of the
Parramattaour
CBD
and key shopping precincts
throughout the
Council The City will always supports such outdoor dining activities that
comply with the conditions of all applicable consents and approvalsprovided 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 encouragedshould to
always maintain good record keeping and conduct outdoor dining
activities in accordance with the conditions of all applicable consents and
approvals together with anyseek to
operate their activity in accordance with approved management plans.
2.
Objective
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 footpath activities.
The
policy provides a legal and administrative framework to assist Council in
making decisions in its enforcement functions in a timely and efficient manner.
The
policy also provides information to the public about the Council’s role and
policy on enforcement.
3.
Scope
This
policy applies to the enforcement of identified unlawful use or failure to
comply with theterms or
conditions of all applicable consents and approvals.
Council will always seek to
encourage a professional relationship in its liaison with operators of footpath
dining areas.
4. Related Policies
& Legislation
This
pPolicy
shall be read in conjunction with the Outdoor Dinning Policy adopted by Council from time to time.
Legislation
that is
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.
· Roads
Transport Act 1993 and
related &r Regulations
5. Areas of Possible non-compliance
In relation to outdoor dining activitiesareas
there are three (3) potential areas of non-compliance which may require Council
to take appropriate enforcement actions.
These are:
§ Failure to
comply with conditions of any
applicable consent or
approval.
§ Operating
with an expired licence or approval or not in accordance with licence or requirements or any current licence or
approval.
§ Operating
without a current licence or/ 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 areases of
the footpath area shall be determined in accordance with the
Parramatta City Council Enforcement Ppolicy 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 outdoor
dining issues arising in
respect of outdoor dining areas.
Breaches of development consent
Step
1 – Written and verbal notice to
operator requesting compliance.
Advise
Strategic Asset Management of the non compliance for inclusion on any register
maintained for recording non compliances.
Step
2 – Infringement Notice will be
served if there is a failure to act after notice to comply.
.
Advise
Strategic Asset Management of the non compliance for inclusion on on any register maintained for recording non compliances.
Step
3 – If non-compliance continues
action may be taken by Council (Strategic Asset Management Unit) to suspend the
approval for up to 3 months.
Operating
with an expired approval or licence
Step
1 – Application form is issued to
operator and advised in writing and verbally that work / operation should cease
until approval is renewed.
Step
2 – Infringement notice served if there is any failure
to act after notice to comply is given..
Step
3 – Continued non-compliance may
result in further action being undertaken
including legal proceedings in the Courtspotentially
court action.
Operating without consent or without
an approval
Step
1 – Application form is issued to
the operator together with and written
and verbal communication advisingce provided that operations must cease until approval and consent is
obtained.
Step
2
– Infringement notice issued if
failure to act after notice to comply is
given.
Step
3 – Continued non-compliance may
result in further action being undertaken
including legal proceedings in the Courtspotentially court action.
7. Review
This policy shall be reviewed
within three (3) years of its adoption by the Council.
Version |
Date
Adopted |
Date
Superseded |
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Manager
Regulatory Services