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 Parramatta local government area.

 

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

 

 

 

 

 

Owner

Manager Regulatory Services