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Street Activities Extension Permit Guidelines

Maroondah City Council’s Street Activities Extension Permit Guidelines have been designed in response to the Victorian Government’s Outdoor Eating and Entertainment Package and will assist hospitality businesses to expand dining and table service into public areas during the COVID-19 pandemic.

The guidelines provide details about Council’s application process, assessment criteria and decision-making framework for approving applications and issuing a permit. Under Council’s General Local Law 11, Section 14; a permit is required for the placing of goods on display, trading and operations on Council land.

Street Activities Extension Permits will allow businesses to set up extra dining spaces on footpaths, streets, laneways, and appropriate on-street car parking spaces. The space can be used by customers to dine or await the purchase of consumable goods safely and at an appropriate social distance.

The guidelines are intended to assist hospitality venues to comply with COVID-Safe plans and requirements under the Victorian Government Hospitality Industry Guidelines for Coronavirus (COVID-19).

Assessments will be conducted by Council on a case-by-case basis. Assessors will look at amenity, safety, equity, site specific conditions and the need to maintain physical distancing and the provision of adequate access for pedestrians and essential vehicles.

Guidelines

See the following guidelines, or you can also download a printable copy:

Street Activities Extension Permit Guidelines  (pdf, 366KB)

Maroondah City Council’s Street Activities Policy Guidelines will be used as the primary policy reference to consider safety, amenity, access, and barrier design principles.

These guidelines will:

  • provide a decision-making framework for determining applications
  • enable safe dining options for the community and economic stimulus for businesses
  • reactivate the hospitality industry, with food and drink facilities permitted to be open for both seated indoor and outdoor service to cater for COVID-19 restrictions on patrons and social distancing requirements
  • Provide support to businesses wishing to apply for extended street trading areas.
  • Ensure that the application process is transparent, efficient and fair.
  • Create safe, vibrant and sustainable city for residents and a city for workers and visitors to return to.

If a proposal falls outside of the scope of Council’s Street Activities Policy Guideline it will be considered on a case-by-case basis. There is potential for flexibility to be applied to enable safe dining options in a manner which does not compromise safety and amenity.

Businesses are eligible if they:  

  • Operate a business premises located in Maroondah City Council and
  • hold a valid Class 2 or 3 Service Sector Certificate of Registration under the Food Act 1984 (Vic) and/or a relevant Liquor License.

You should contact us to check eligibility if:  

  • your business is on a major arterial road, or
  • you wish to occupy a carpark on a road which has a speed limit of more than 60kmh.

To view Maroondah’s arterial roads, see the Schedule 2 Road Classification Map at www.maroondah.vic.gov.au/road-management-plan

Contact our Traffic Engineering Team on 1300 88 22 33 and they can advise if you can extend your trading area in these circumstances. 

Permit extensions will expire on the 30 June 2021. Permits can be revoked, or enforcement action taken if conditions of the policy and guidelines are not adhered to. Permit conditions will be reviewed regularly to ensure there are no detrimental impacts or safety concerns caused by the operation of extended dining spaces.

Eligible Maroondah hospitality businesses will receive their Street Activities permits, including the Street Activities Extension Permit for free until 30 June 2021.

Applications will be assessed and determined on a case-by-case and according to complexity. 

The following timelines are indicative permit turnaround times for completed applications:

  • Simple proposals to extend trading on the footpath outside a neighbouring property - 2 business days
  • More complex proposal involving larger areas and multiple furniture items - 3 business days
  • Applications to occupy on-street parking spaces requiring business consultation - 5 business days
  • Applications in residential areas requiring community consultation - 5 to 7 business days
  • Applications in laneways involving weekend closures and event-based closures - 14 days

Council is committed to processing applications as quickly as possible, however the timeframes are subject to change pending on the number and complexity of applications received by Council.

Council will conduct a safety and risk assessment on permit extension requests before finalising an application request.

More information and application forms visit www.maroondah.vic.gov.au/Street-Activities-Extension-Permit

Safety and amenity

Street dining should be designed to create an attractive, comfortable and safe space for patrons and should not compromise public amenity. Safety features and well-designed and maintained furniture, and associated infrastructure are essential. With safety in mind, street dining should aim to improve the environment, reduce the opportunity for crime and promote accessible places that encourage a feeling of safety and community participation.

Pedestrian access

A well designed and maintained outdoor dining space is essential to ensure adequate open space for people to enjoy without obstructions on the street. Street dining should be integrated into the street in a way that does not compromise existing uses, building entrances, emergency access, disabled access and pedestrian safety.

Vehicular access

The establishment of outdoor dining must not compromise essential or emergency vehicle access or obstruct loading, construction zones and entrances to private buildings and carparks.

Design

Street activities should be a natural extension of Maroondah’s existing streetscape and vision. The range of furniture should be aesthetically appealing and align with Maroondah’s commitment to a clean, green and sustainable community. Furniture, materials and other items must be weather proof, easily disassembled and adhere to COVID-19 safety requirements. Further information on appropriate materials can be found on the Department of Health and Human Services website: www.dhhs.vic.gov.au

Eligible restaurants, cafes and hospitality venues may apply to expand dining onto public land and spaces. Examples include footpaths, nature strips, on-street car parking spaces immediately outside their business, in a laneway or small street.

Businesses that have an existing outdoor trading permit will not need to apply for a new permit. These businesses can apply for an extension to the existing permit to increase outdoor space via Council’s website.

Categories available for extension permit

The following expansion categories are covered under these guidelines:

  • Type 1 - Expansion onto footpath outside a neighbouring property
  • Type 2 - Extension into on-street parking spaces in front of your businesses
  • Type 3 - Expansion or extension into unused public space such as laneways, road reserves and roads.

*Note a business may seek approval under one or more of these categories in the one application.

If a hospitality business wants to use the footpath of a neighbouring business(s), they must first seek written consent from the occupier(s) of the neighbouring building.  If contact cannot be made with the adjoining businesses, an application may still be lodged and Council will assist with trader consultation. 

Eligibility criteria

All applications must meet the below criteria:

  • Must satisfy safety and amenity requirements.
  • Endorsement and written consent from the occupant of the neighbouring business/s including an acknowledgement that the space/s may be occupied until 30 June 2021.
  • You can apply for more than two consecutive building frontages, however the dining area should generally not exceed 10m in length.
  • If the neighbouring building is vacant, you must seek the written consent from a managing agent or property owner.
  • Compliance with the Disability Discrimination Act 1992;
  • Maintain a minimum of 1.5m clear path from the building and 0.5m from kerb.
  • Where properties are adjacent to an intersection; the trading zone must not extend closer than 2.0 metres to the corner property line.

Applications to expand into on-street car parks will be considered on a case-by-case basis. To ensure the safety of users, Council has developed key criteria to determine site and infrastructure/furniture suitability, including site traffic conditions, speed limits and associated safety considerations.

Extensions into on-street parking for expanded outdoor dining adjacent to a hospitality venue can be created by re-purposing on-street parking bays into spaces for dining and additional pedestrian activity.

Applicants are encouraged to coordinate with neighbouring hospitality venues when considering using on-street parking spaces in front of their venues to create a cohesive, attractive and viable outdoor dining space.

Permit holders are responsible for managing the operation and management of their allocated space, including the removal of such items as screens, tables, chairs and shade devices at the end of trade by the business, except where items such as defined barriers around car spaces have approval to be fixed.  

All applications to expand into on-street parking spaces will be assessed strictly on a case-by-case basis and considered against the following site specific conditions and criteria .

Eligibility criteria

All applications must meet the below criteria:

  • Must satisfy safety and amenity requirements.
  • Endorsement and written consent from the occupant of the neighbouring business/s including an acknowledgement that the space/s may be occupied until 30 June 2021. If applicable, consultation with relevant traders association. If contact cannot be made with the adjoining businesses or traders association an application may still be lodged and Council will assist with trader consultation.   
  • Compliance with Disability Discrimination Act 1992;
  • Minimum 1.5m clear path from the building and 0.5m from kerb
  • Where properties are adjacent to an intersection; the trading zone must not extend closer than 2.0 metres to the corner property line.
  • Entrance minimum of 1500mm wide with no chain or rope privatising the space.
  • Provision for a mobile platform for wheelchair must be provided if there is a step into the extended space.

Traffic conditions

Outdoor dining may be supported in designated on-street and certain excess traffic lanes or parking spaces on streets with:

  • more than 10m from an intersection
  • more than 20m from a signalled intersection
  • a minimum of one parking space away from an intersection on the approach side.

Streets not eligible

  • Areas where extended trading would hinder access for deliveries, essential and emergency vehicle access, access to commercial carparks, buildings and residences.
  • Roads with clearways.
  • Spaces designated as loading zones, unless relocated with support of traders.
  • Spaces designated as no stopping zones, unless relocated with support of traders.
  • Spaces designated as Accessible parking, unless relocated with support of traders.
  • Construction zones, unless relocated with support of building company and Council.

Operation and management

  • All furniture such as tables and chairs must be removed from approved extended street activity space at the end of trade each day, unless approved in writing by Council.
  • The permit holder must not place condiments / napkins / eating utensils on the tables in the street activity space unless diners are seated and are placing an order.
  • The street activity space must be cleaned and maintained in a neat and tidy condition at all times and in accordance with operation and management responsibilities under the Street Activities Guidelines.
  • The street activity space must also be cleaned and sanitised in line with the Victorian Government Hospitality Industry Guidelines for Coronavirus (COVID-19).

Applicants may apply to occupy Maroondah City Council’s unused public space including laneways or road reserve subject to a number of traffic conditions and site-specific constraints.

Council will actively explore short-term solutions if there is space to safely accommodate outdoor dining.

Applicant’s preliminary consultation - The business requesting the proposal is required to obtain feedback from all affected property owners, occupiers and the relevant traders association (if applicable) to seek support for the application. If further assistance is required to consult with any of these businesses, please contact Council on 1300 88 22 33 or maroondah@maroondah.vic.gov.au.

Criteria

All applications must meet the following criteria:

  • Must satisfy safety and amenity requirements.
  • A minimum of three businesses within the street/laneway need to take part in the extended dining program. Noting that each business will be responsible for their portion of the allocated space and that communal ‘mixed venue’ dining is not encouraged.
  • Laneway/streets must have adequate clearance for pedestrians, emergency vehicle access and the outdoor dining set-up.
  • Businesses would still need to apply for a Street Activities Extension Permit e.
  • Compliance with Disability Discrimination Act 1992;
  • minimum 1.5m clear path from the building and 0.5m from kerb.
  • Where properties are adjacent to an intersection; the trading zone must not extend closer than 2.0 metres to the corner property line.
  • entrance to the outdoor dining space to be a minimum of 1500mm wide with no chain or rope privatising the space.
  • Provision for a mobile platform for wheelchair must be provided if there is a step into the extended space.

Changes to permits

Changes to any Street Activities Permits are subject to approval through Council. Requests can be made via email at maroondah@maroondah.vic.gov.au.

Serving of liquor in expanded dining areas

Any business that is seeking to sell or consume liquor from public land (including laneways, footpath or public car parking spaces) will need approval from Council before applying for a liquor licence through the Victorian Commission for Gambling and Liquor Regulation (VCGLR).

The VCGLR website contains useful information on the type of Liquor License and eligibility requirements you will need to meet. The VCGLR has a streamlined approach to help existing licensees temporarily use outdoor areas for liquor. For more information visit the VCGLR website: www.vcglr.vic.gov.au/covid-19.

To apply for a temporary liquor license to allow liquor to be served and consumed in the public outdoor area, you will need to provide the following documents to Council:

  • A plan that clearly shows the layout of your property and outdoor area where liquor will be stored, served and consumed (the area for liquor should be highlighted with a red line).
  • Trading hours for the outdoor area, and the hours that you intend to sell and consume liquor.

Council will then review the documents and if all is satisfactory, will provide you with written consent and an endorsed copy of the red line plan which you will then provide as part of your application to the VCGLR. Council aims to issue its decision within 3 days of receiving the required documentation.  Permission will be granted for liquor to be served no later than 11pm and will have an expiry date of 30 June 2021.  Council reserves the right to review this permission periodically to ensure the safety and amenity of the area (noise, anti-social behaviour, etc) is maintained.

If you wish to expand outdoor trading to sell or consume liquor on private land (i.e. outdoor area on your land or your private car parking spaces), you will need to obtain planning approval. You must submit the same information as listed above and state the total number of patrons proposed to be on site at any one time. Please contact Council’s Planning Department to discuss the process and timeframes for a decision.

To apply to Council, please visit www.maroondah.vic.gov.au/Apply-for-a-planning-permit or speak to Council’s Planning team on 1300 88 22 33.

No smoking or vaping

Smoking or vaping is not permitted in any outdoor dining or drinking areas at any time. 

Under the Tobacco Act 1987, smoking is banned in outdoor areas at hospitality and food venues where food is consumed. This includes footpath and car park dining areas, courtyards and beer gardens during times food is being eaten or available to be eaten.

Should existing traders wish to change their conditions for outdoor use, please ensure that appropriate Food Safety Standards are adhered to.

Further information can be found on the Health.Vic website: www2.health.vic.gov.au/public-health/tobacco-reform/smoke-free-areas/outdoor-dining

Public risk

The permit holder is required to maintain a valid Public Liability Insurance Policy for at least $20 million. The policy must cover injury, loss or damage to third parties arising out of the activity carried out under the permit or the granting of this permit. A current Certificate of Currency from the permit holder is required upon application and before approval is given.

Compliance with local laws

The permit holder is responsible for complying with these guidelines, the Street Activities Policy Guidelines, including Maroondah City Council General Local Law 11, and all other laws and legal requirements relevant to the operation of a street activity.

Permanent marquees or canopies

The use of marquees, awnings, canopies or permanent structures is not permitted as part of a Street Activities Permit or Street Activities Extension Permit.

Umbrellas

Umbrellas may be used, adhering to specific conditions in accordance with the Street Activities Policy Guidelines.

29/10/2020
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