Local Government Association of SA

Outdoor Dining Background Paper

Draft as at 18 December 2015

Contents

1.Introduction

2.Definition

3.Objectives

4.Development of the Guidelines

5.Legislative Context

6.Key Principles

7.Assessment Process

8.Model Guidelines

8.1Physical Layout – Siting and Functional Zones

8.1.1Siting

8.1.2Functional Zones

8.2Road Safety

8.3Accessibility

8.4Outdoor Furniture and Equipment

8.5Entertainment

8.6Liquor Licensing

8.7Smoking

8.8Advertising

8.9Special Conditions

8.9.1Development Approval

8.9.1Heritage and other Significant Areas

8.10Permit Requirements

Introduction

South Australia is known across the country for its high quality food, wine and affinity with al fresco dining. The temperate climate in Adelaide and regional centres enables outdoor eating, drinking and entertainment opportunities for most of the year. In addition to being a popular leisure activity, outdoor dining also contributes to the vibrancy and interest of our streets and laneways, attracting tourism and supporting local economies.

Many councils in Adelaide have embraced the increasing interest in outdoor diningfrom businesses and the hotel industry and developed policies and guidelines to assist businesses to establish appropriate areas as an extension of their trading.

The Local Government Association of South Australia (the LGA) has recognised this growing demand and is supporting councils in the management of legislative, planning and administrative requirements to establish safe, attractive and accessible outdoor dining areas.

To this end, the LGA has worked with a number of metropolitan Adelaide councils with extensive outdoor dining areas to develop a set of model guidelines that all councils can adopt and tailor to their specific requirements.

Definition

Outdoor dining is defined as the use of the public footpath or a public space for the purpose of extending the seating space of an adjacent business whose main function is the provision of food and/or beverages to the public.

Such premises can include restaurants, cafes, bars, hotels, delicatessens and other food and beverage outlets.

Outdoor dining should be directly associated with the business that holds the outdoor dining permit and should only operate when those premises are open for business.

For the purpose of these model guidelines, the definition of outdoor dining does not include parklets. Parklets are small public spaces located on the road reserve (rather than on a public footpath) in one or more on-street parking spaces. They can be initiated by a council or state government agency and can also be installed by adjacent business owners. Due to their different siting and mixed ownership characteristics, they will not be included in the model guidelines.

Further information on parklets can be found at Adelaide City Council (

Objectives

Outdoor dining can significantly enhance the amenity and appeal of public spaces through the creation of vibrant and dynamic streetscapes. It can facilitate leisure and tourism activities, support the local economy and enhance public safety through night-time street activation.

The objective of this document is to provide councils across South Australia with supporting information to develop an effective policy framework for establishing outdoor dining areas in appropriate locations with minimal administration for staff and applicants, drawing on best practice examples from South Australia and interstate.

This document provides various factors for councils to consider in the balancing the needs of all users of public footpaths including safety for road users and pedestrians, accessibility, maintenance of footpaths and kerbs and the creation of attractive and welcoming spaces.

Development of the Guidelines

In July 2014, the LGA convened a forum with the Australian Hotels Association, the Liquor and Gambling Commissioner and a group of councils to discuss issues relating to liquor licensing. It was agreed there would be significant merit in developing model guidelines for outdoor dining for councils to adopt and tailor as necessary to meet the needs of their local context.

A project reference group was formed to support the process of developing the model guidelines comprising the LGA and councils that have large numbers of licenced premises and outdoor dining establishments within main street or entertainment precincts. Five councils from metropolitan Adelaide with developed policies and experience in implementation were selected to participate in the reference group and included:

  • Adelaide City Council
  • Outdoor Dining Guidelines 2014
  • City of Charles Sturt
  • Outdoor Dining Policy 2013 (supplemented by new Information Sheet), Application for Permit and Permit Conditions forms
  • City of Holdfast Bay
  • Outdoor Dining Policy 2014 (plus City Wide Outdoor Dining Urban Design Guidelines and Moseley Square Outdoor Dining Urban Design Guidelines)
  • City of Norwood Payneham St Peters
  • Outdoor Dining Policy (February 2015)
  • City of Unley
  • Outdoor Dining Policy and Operating Guidelines (2011)

The LGA engaged social planning consultancy Gould Thorpe Planning Pty Ltd to undertake a desktop review of these existing policies and guidelines for outdoor dining. This review was further supplemented by telephone interviews with nominated council officers and desktop research on best practice.

The review has subsequently informed the preparation of this outdoor dining background paper, which informs the development of model guidelines for outdoor dining for adaptation by all interested councils.

Legislative Context

The primary legislation relating to outdoor dining is the Local Government Act 1999. Section 222 of the Act requires businesses be authorised by way of a permit from Council before using a public road (including the footpath) for business purposes.

The legislation and provisions below provide the overarching legal context for the provision of outdoor dining and have precedence over any council policy or guidelines. They must also be considered by local government officers when interpreting and implementing their outdoor dining policies and operating guidelines.

  • South Australian Local Government Act 1999
  • South Australian Development Act 1993
  • South AustralianWork Health and Safety Act 2012
  • Federal Disability Discrimination Act 1992
  • Australian Standards

Liquor licensing and the management of smoking are also key elements that need to considered in the planning, implementation and management of outdoor dining. The relevant South Australian legislation governing liquor licenses and smoking in public places is:

  • South AustralianLiquor Licensing Act 1997
  • South AustralianTobacco Products Regulation Act 1997

The recent changes to the Liquor Licensing Act 1997 now enable businesses to apply for a licence condition to be removed that required all patrons to be sitting whendrinking alcohol outside hotels. This applies to the outdoor dining provisions in these guidelines and will require further management by councils to ensure numbers of people standing in outdoor dining areas does not impact on public safety.

In addition, the Tobacco Products Regulation Act 1997 has been amended to ban smoking in all outdoor dining areas from 1 July 2016. For businesses to maintain a smoking area with a permitted outdoor dining area, they will need to allocate an appropriate non-food service area.

Key Principles

The LGA supports the appropriate use of public footpaths for outdoor dining determined within an assessment process that balances the varying needs of all users.

While the highest priority in approving outdoor dining is maintaining public safety, this is notthe only factor to be considered. Public safety can be addressed in various ways while stillsupporting vibrant and active streetlife, maintaining accessibility, protecting residential amenity and supporting the local economy. Indeed, the goal for local government is to work with applicants to achieve all of these priorities.

However, there are times when it is not possible to achieve all and so councils must prioritise oneover another. While outdoor dining canhelp create dynamic and lively streets,site constraints (such as high traffic volumes or a narrow footpath) or other issues mayprohibit its establishment in certain locations. The order of priority illustrated in the hierarchy below informs these guidelines and provides an effective framework for councils when making decisions on permitapplications.

Figure 1: Outdoor Dining Priorities

Source: City of Port Phillip

Each site is unique and will have its own opportunities and constraints, including differing width footpaths and the presence of street trees, driveways, rubbish bins and other street furniture, bus stops and loading zones. Council guidelines should be structured to enable a merit-based assessment of applications that takes into account these obstacles and enables joint development of solutions that achieve safety and accessibility requirements alongside business needs.

Assessment Process

The administrative processes behind the application, assessment and activation of permits for outdoor dining can be time consuming and onerous for both council staff and applicants. In addition, the myriad of legislative and policy considerations, as well as the need to balance public safety against business needs and local amenity considerations, can create a highly complex environment.

The development of streamlined application and assessment processes can assist councils in the management of new outdoor dining areas and administration of annual permit renewals.

A key step in this process is the summarising of any existing council policies and guidelines into a concise (nominally two-page) fact sheet outlining the core requirements and standard conditions for an application, fee schedule, standard conditions of permit and timing. Existing or new outdoor dining guidelines can be retained for use by council staff to assess applications and provided to applicants on request. This can reduce the potential for overwhelming traders with technical information and dissuading them from seeking a permit.

By simplifying the process of applying for a new outdoor dining permit, councils can reduce the staff and time resources required over the duration of the application process and provide greater certainty to applicants. An example of how councils can structure the application, assessment and activation of permits to make best use of staff resources and assist applicants through the process is outlined below.

  1. Expression of Interest
  • Applicant makes contact with council via email, website or telephone and expresses interest in an outdoor dining permit
  • A short (nominally two-page) summary of the permit assessment process is provided by the council to gauge interest, followed by further documents, which may include:
  • fact sheet or Q&A document
  • application form and example standard conditions
  • detailed guidelines (if requested)
  • A nominated council officer makes an appointment to meet the business owner to identify siting and layout requirements, road safety issues and any special provisions
  1. Application and Assessment
  • The council officer and applicant work together to complete and submit an application for a permit, including detailed site plan, any site-specific conditions, relevant fee and copy of public liability insurance
  • Council permit officer assesses outdoor dining application. If it is identified as a medium or high risk site, input should be sought from other council officers, which may include an urban planner, traffic engineer, community safety officer and risk management advisor as required
  • Site-specific conditions identified and added to the permit approval if required
  1. Application and Assessment
  • Council issues permit if the application meets the site requirements and provides an acceptable balance between safety, accessibility, business needs, footpath management and amenity
  • Council officer meets with trader on site to confirm permit requirements and boundary of outdoor dining area. May include installation of footpath markers.
  • Council officers inspect regularly to ensure compliance with permit conditions
  • Council provides forms online to enable annual assessment and renewal process

The City of Charles Sturtcompleted a review of its outdoor dining policy in 2015 that resulted in a streamlined application and assessment process that reduces time and uncertainty for applicants with minimal administration for council staff.

Applications should be assessed on a case by case basis, reflecting the individual site requirements and objectives of the applicant.

Model Guidelines

8.1Physical Layout – Siting and Functional Zones

The siting, layout and alignment of outdoor dining zones are the key factors to determine when assessing how an application balances the needs of councils, businesses and community members.

With the assistance from council staff, applicants should prepare a detailed site plan that clearly defines the functional zones and core dimensions of their proposal. An example site plan from Adelaide City Council is provided below.

Diagram 1: Example Site Plan

8.1.1Siting

Outdoor dining should be located directly outside the business to which the permit relates, on a section of footpath not required for existing or future public use.

Outdoor dining should be considered where its location, size or layout will not compromise:

  • the safety of road users, diners or pedestrians;
  • public access through the area;
  • the range of activities currently available on the street; or
  • the operation of adjacent businesses.

Outdoor dining areas are generally located on the kerbside as indicated in Diagram 1 below. This location maximises safety for pedestrians, people with mobility aids and people with a vision impairment who use the building line to navigate.

In some circumstances, councils may consider applications for outdoor dining located on the building frontage. This may be appropriate on streets with low or zero vehicle traffic, with narrow road reserves or in shared use zones (where the roadway is shared by pedestrians and vehicles).

The alignment of any outdoor dining areas approved on a street should be consistent for the entire length of the street.

8.1.2Functional Zones

An outdoor dining area can be divided into three main functional zones: pedestrian (or footpath) zone, outdoor dining zone and kerb zone, as indicated in Diagram 2.

Diagram 2: Functional Zones

(Source: Adelaide City Council)

Pedestrian Zone:

The Pedestrian Zone is defined as the footpath area required to be kept clear for pedestrian access, located between a building frontage, fence or property boundary and the Outdoor Dining Zone, as shown in cross-hatching above.

Most councils find that a Pedestrian Zone with a minimum width of two (2) metres is required to ensure an accessible path of travel for all people, including those with a disability, mobility aids, bicycle or pram.

Councils may determine after a risk assessment that there are locations in which a Pedestrian Zone of less than two metres can be considered. This could be influenced by the type of street and its traffic volumes, number of pedestrians, existing outdoor dining or goods on footpath, or other site-specific issues.

Outdoor Dining Zone:

This zone refers to the area where outdoor dining is permitted by council. It defines the zone in which all outdoor dining items must be contained, which may include tables, chairs, umbrellas, A-frame signs, planter boxes and screens.

Outdoor Dining Zones must be made accessible for people with a disability in accordance with the DDA 1992 and the relevant Australian Standards. Sufficient space is required around each table to reduce potential congestion, allow safe movements and prevent diners or furniture encroaching into the Pedestrian Zone or Kerb Zone. Minimum circulation space to cater for diners, tables and chairs is generally set at one square metre per person, eg:

  • 2-person table and 2 chairs = 1m x 2m (total 2m2)
  • 3-person table and 3 chairs = 1.5m x 2m (total 3m2)
  • 4-person table and 4 chairs = 2m x 2m (total 4m2)

Kerb Zone:

The Kerb Zone refers to the area located between the outer edge of the roadside kerb and the boundary of the Outdoor Dining Zone, as illustrated in Diagram 2. Its purpose is to provide a safe buffer zone between the roadway and diners in the Outdoor Dining Zone.

Standard widths used by councils for Kerb Zones are 600mm when adjacent to a travel lane or parallel parking area. Increased widths may be required when outdoor dining is proposed adjacent to angle parking, loading zones, bus stops or taxi ranks.

Further information on suggested widths for Kerb Zones can be found in the Outdoor Dining Policy (February 2015) developed by the City of Norwood Payneham St Peters.

Outdoor dining furniture is generally not permitted within the Kerb Zone including tables, chairs, planter boxes, screens and blinds. In contrast, energy-absorbing bollards must be located within the Kerb Zone if they are required to ensure diner safety.

Bollards are generally located a minimum of 600mm from diners and outdoor dining furniture and installed with a gap not exceeding 1.2m between consecutive bollards, however each council will have further detail on their specific requirements for the siting and installation of bollards.

8.2Road Safety

Road safety is a key issue for councils to consider when assessing applications for outdoor dining. It can be the sole factor that prohibits the establishment of outdoor dining or can result in significant cost outlays for councils and applicants if energy-absorbing bollards are deemed to be required.

Councils should undertake their own safety risk assessment on a case-by-case basis for each new application for outdoor dining and the annual renewal of existing outdoor dining areas. Some councils may also wish to seek the advice of traffic safety risk assessors.

The City of Norwood Payneham St Peters has developed a Site Risk Rating System to assist in the assessment of the level of risk associated with an application for outdoor dining. The system includes the following characteristics:

  • Travel lanes adjacent to outdoor dining areas
  • High traffic volume and/or speed roads
  • Vehicle crash history
  • Outdoor dining adjacent roundabouts or on corners
  • Outdoor dining adjacent four-way intersections

Where many of these characteristics are present at a proposed outdoor dining site, bollards will generally be required.