SCC fact sheet - Sunshine Coast Council

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Dogs in outdoor dining areas - information for footpath
trading permit holders
Footpath trading permit holders that
operate a food business may choose to
allow dogs in outdoor dining areas if the
approved trading area meets specific
criteria. This fact sheet provides
information to footpath trading permit
holders on managing dogs in outdoor
dining areas.
It is the footpath trading permit holder’s
choice as to whether or not they permit a
dog to be present in an outdoor dining area.
Animals other than dogs or assistance
animals are not permitted in outdoor dining
areas.
outdoor dining area means an area that –
(a) is used for dining, drinking or both
drinking and dining; and
Food Businesses that do not operate on
council controlled areas or land issued with a
footpath trading permit are bound by
Queensland Health – Dogs in outdoor dining
areas – for food businesses. Information is
available via Queensland Health.
(b) is not used for the preparation of
food; and
Assistance animals
enclosed area means an area that,
except for doorways and passageways,
is substantially or completely closed,
whether permanently or temporarily, by –
All food businesses must allow an
assistance animal in areas used by
customers. This applies to both indoor and
outdoor dining areas and any other customer
area. Assistance animals are not permitted
to enter non-customer areas such as a
kitchen, storeroom or other places where
food is handled.
The definition of an ‘assistance animal’ is
contained in section 9 of the Disability
Discrimination Act 1992 and refers to an
animal trained to assist a person with a
disability to alleviate the effect of the
disability.
(c) is not an enclosed area; and
(d) can be entered by the public without
passing through an enclosed area.
(e) ceiling or roof; and
(f) walls or windows or both walls and
windows.
When is an area an ‘outdoor dining
area’?
To be considered an outdoor dining area, all
of the criteria included in the definition must
be met.

It is used for dining, drinking or both drinking
and dining
Dogs in outdoor dining areas

It is not used for the preparation of food
The business is prohibited from permitting
live animals in areas in which food is
handled or served. Exemptions are in place
for assistance animals such as guide dogs,
seafood or other fish or shellfish.

It is not an enclosed area*

It can be entered by the public without
passing through an enclosed area
Approved footpath trading permit holders
with a food business may permit dogs to be
present in outdoor dining areas provided it
meets the definition set out in this fact sheet.
*NOTE: it is considered that an outdoor area
with a roof and plastic sheeting which can be
rolled down dependant on the weather
meets the definition of an enclosed area and
therefore is not considered an outdoor dining
Fact Sheet Dogs in outdoor dining areas – information for footpath trading permit holders
area under the Food Standards Code* and
dogs are therefore not allowed.
Examples of outdoor dining areas include:

open footpath dining with no cover

footpath dining area with a ceiling or roof but
no walls, drop down blinds or full height
partitions



open footpath dining area with a canopy/
ceiling/ roof and some footway dining area
signs (low barrier like a coffee advertising
removable sign)
open footpath dining area with a canopy/
ceiling/ roof and some low planter pot
hedges or similar
open beer garden with direct street access
What is considered enclosed and
therefore not an ‘outdoor dining
area’?
Examples of what does not meet the
definition of outdoor dining area include:

footpath dining area with a
canopy/ceiling/roof and two or more walls

footpath dining area with a canopy/ ceiling/
roof with drop down blinds to two or more of
the sides of the area

footpath dining area with a canopy/ ceiling/
roof with a combination of at least two of the
following; walls, drop down plastic blinds or
full height partitions

open beer garden that you can only access
through a building
may arise from the presence of dogs in their
outdoor dining areas. This will also meet the
requirements of the Food Act 2006.
The standard conditions listed below are
placed on footpath trading permits to
address dogs in outdoor dining areas:1. The following trading areas are dog
permitted:- <<Insert Approved Dog
Permitted Trading Areas>>
2. The following trading areas are dog
prohibited (other than assistance
animals) :- <<Insert Approved Dog
Prohibited Trading Areas>>
3. The permitted footpath trading area has
been assessed for dogs in outdoor dining
areas and no alterations are to occur
unless approved in writing by council.
4. The approved outdoor dining permit plan
included in this permit must be displayed
at all times in a prominent position to the
main customer entry of this business to
inform the community of their options
with dogs in the permitted trading areas.
5. The dog signage must be configured at
suitable heights and locations to ensure
that the community are able to easily
determine if each permitted trading area
is dog permitted or dog prohibited (other
than assistance animals).
6. The production and installation of the dog
signage is at the expense of the permit
holder and must be reproduced to the
standard specified in this permit.
7. Dog signage must not be fixed to council
property or infrastructure.
8. The permit holder must ensure that dogs
do not enter dog prohibited areas.
Conditions for Footpath Trading
Permit Holders
Footpath trading permit holders cannot
permit dogs in their outdoor dining areas
unless their permit conditions approve this
activity.
Approved Footpath Trading Permit Holders
must ensure they maintain high standards of
food safety and personal hygiene. They must
therefore consider and manage issues that
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9. If a dog is located in a dog prohibited
area the permit holder must ensure that
the dog is removed from that area
immediately.
10. The permit holder must ensure that:
 food service staff refrain from
touching dogs, as this creates a risk
of cross contamination;
 if food service staff do touch a dog,
they must wash their hands with
soap and warm water and dry
Fact Sheet Dogs in outdoor dining areas – information for footpath trading permit holders



thoroughly, prior to further handling
or service of food;
customers do not feed a dog in the
permitted outdoor dining area or
allow a dog to jump up on a chair or
table and take food;
if customers do not meet their
responsibilities to clean up
urine/excrement created by a dog
under their control that the affected
area is promptly and properly
cleaned up; and
staff are trained on dogs in outdoor
dining requirements and apply them.
Signage
All Footpath Trading Permit holders are
required to display the council approved
signage in a prominent position that
identifies to the community whether each of
the outdoor dining areas is dog permitted or
dog prohibited.

the availability of tether points for dogs in
order for the owner and/or person
responsible for the dog to have direct
supervision
It may also be helpful to keep formal advice
about dogs in outdoor dining areas to
provide to customers, such as Food Safety
Fact Sheet 50 - Dogs in outdoor dining areas
– information for customers which is
available via Queensland Health.
This information has been provided in
conjunction with information provided by
Queensland Health.
Current at May 2015
They must also display an approved outdoor
dining plan in a prominent position to the
main customer entry of this business to
inform the community of their options with
dogs in the permitted trading areas.
Sunshine Coast Council approved A5 or A4
coloured Dogs Permitted or Dogs Prohibited
signage must be displayed. A copy of this
signage is available via
www.sunshinecoast.qld.gov.au
Other considerations for Footpath
Trading Permit Holders
To continue to ensure customers’ safety and
comfort, footpath trading permit holders
should consider the following matters if they
decide to permit dogs in outdoor dining
areas:

space available for dogs

possible trip hazards, e.g. leashes on
pathways
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Fact Sheet Dogs in outdoor dining areas – information for footpath trading permit holders
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