Model
Guidelines for
Outdoor
Dining
To be read in
conjunction with
Council Policies
and Procedures
December 2015
Local Government Association of SA
Outdoor Dining Background Paper
Draft as at 18 December 2015
Contents
1 Purpose and Scope ............................................................................ 3
1.1 Legislation and Policy ............................................................................... 3
1.2 Definitions .................................................................................................. 3
1.3 Key Principles Underlying the Guidelines .............................................. 4
2 Model Guidelines ................................................................................ 4
2.1 Physical Layout – Siting and Functional Zones ..................................... 4
2.1.1 Siting .......................................................................................................... 4
2.1.2 Functional Zones ....................................................................................... 5
Pedestrian Zone: ................................................................................................. 5
Outdoor Dining Zone: ......................................................................................... 5
Kerb Zone: ........................................................................................................... 5
2.2 Road Safety ................................................................................................ 6
2.3 Accessibility .............................................................................................. 6
2.4 Outdoor Furniture and Equipment ........................................................... 7
2.5 Entertainment ............................................................................................ 7
2.6 Liquor Licensing........................................................................................ 7
2.7 Smoking ..................................................................................................... 7
2.8 Advertising ................................................................................................. 8
2.9 Special Conditions .................................................................................... 8
2.9.1 Development Approval .............................................................................. 8
2.9.2 Heritage and other Significant Areas........................................................ 8
2.10 Permit Requirements ................................................................................ 9
3 Evaluation and Review of Guidelines ............................................... 9
4 Attachment .......................................................................................... 9
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 2 of 10
1
Purpose and Scope
South Australia is well known for its high quality food, wine and affinity with al fresco
dining. Our temperate climate creates opportunities for outdoor eating, drinking and
entertainment for most of the year. As well as 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 have embraced the increasing interest in outdoor dining and are
developing 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 identification and management of
legislative, planning and administrative requirements to establish safe, attractive and
accessible outdoor dining areas.
The LGA has worked with metropolitan Adelaide councils with extensive outdoor dining
areas to develop these model guidelines for all councils to adopt and tailor to their
specific requirements as they see fit.
1.1
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Legislation and Policy
South Australian Local Government Act 1999, section 222
South Australian Development Act 1993
South Australian Work Health and Safety Act 2012
Federal Disability Discrimination Act 1992
Australian Standards
Liquor licensing and smoking are also key elements that need to be considered in the
planning, implementation and management of outdoor dining. South Australian
legislation on liquor licenses and smoking in public places includes:
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1.2
South Australian Liquor Licensing Act 1997
South Australian Tobacco Products Regulation Act 1997
Definitions
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 businesses 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.
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 3 of 10
1.3
Key Principles Underlying the Guidelines
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
not the only factor to be considered. Public safety can be addressed in various ways
while still achieving the other key principles of: vibrant and active street life, maintaining
accessibility, protecting residential amenity and supporting local economies. The goal
for local government is to work with applicants to achieve all of these priorities.
2
Model Guidelines
2.1
Physical 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 assistance from council staff, applicants should submit a detailed site plan that
clearly defines the functional zones, layout and specific dimensions of their proposal.
2.1.1 Siting
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:
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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. This location maximises
safety for pedestrians, people with mobility aids and people with a vision impairment
who use the building line to navigate.
Outdoor dining located on the building frontage 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.
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 4 of 10
2.1.2 Functional Zones
Outdoor dining areas are divided into three main functional zones: pedestrian (or
footpath) zone, outdoor dining zone and kerb zone.
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.
Pedestrian Zones should have a minimum width of two metres to ensure an accessible
path of travel for all people, including those with a disability, mobility aids, bicycle or
pram.
A risk assessment may identify locations where a Pedestrian Zone of less than two
metres can be considered, depending on the type of street, 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.
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. 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.
Outdoor dining furniture should not be located within a 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 maximum gap of 1.2m between consecutive bollards.
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 5 of 10
2.2
Road Safety
Road safety is a key issue to consider when assessing applications for outdoor dining.
A safety risk assessment should be undertaken for each new application for outdoor
dining and the annual renewal of existing outdoor dining areas.
Site characteristics that generally indicate the need for bollards include:
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Travel lanes adjacent to outdoor dining areas
High traffic volume and/or speed roads
Vehicle crash history on the section of street
Outdoor dining adjacent roundabouts or on corners
Outdoor dining adjacent four-way intersections
If bollards are required, a traffic engineer should be engaged by the applicant to:
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Design the layout of the dining area
Undertake the footing design
Oversee the installation; and
Certify the works are in accordance with current legislation and the conditions of
the council-issued permit.
Approved outdoor dining areas on footpaths must not impact on traffic safety. Sightlines
must be maintained for drivers in accordance with the relevant Australian Standard and
the AustRoads Guide to Traffic Engineering Practice, and the location of outdoor dining
must take into account the surrounding road conditions.
2.3
Accessibility
Outdoor dining areas should be designed to maximise accessibility for people with a
disability and/or mobility difficulty including people using a wheelchair, motorised
mobility aid or with a vision impairment.
Tables, chairs and other items of outdoor dining furniture should not encroach into the
Pedestrian Zone or provide any other form of trip hazard. Footpath markers installed by
Council can provide clear indication to traders on the external boundary of their
approved dining area.
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 6 of 10
2.4
Outdoor Furniture and Equipment
Outdoor dining furniture should be sturdy, of high quality design and construction and
positively contribute to the amenity of the streetscape. All products should be fit for
purpose, clean and well-maintained.
Fully removable or semi-fixed (able to be removed without tools when the business is
not operating) outdoor dining furniture and equipment is recommended to:
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facilitate council street cleaning;
allow for flexible use of the area at different times;
reduce any perceptions that the public footpath has been privatised; and
maximises pedestrian access when the business is not trading.
Where fixed tables are preferred to minimise the likelihood of permit-holders or diners
moving them into the Kerb Zone or Pedestrian Zone and creating safety hazards, they
should be sited in coordination with council staff and allow the footpath to be reinstated
to its original condition on removal.
2.5
Entertainment
Live entertainment can enhance the attractiveness and vibrancy of outdoor dining areas
except if it is amplified, obstructs pedestrian movements or impacts negatively on
adjacent traders or local residents. Applicants proposing live entertainment should have
regard to any relevant council policies or regulations, undertake any required approval
processes and have the consent recorded as a special condition on their annual permit.
2.6
Liquor Licensing
Applicants should reference their intention to apply for a liquor license within their
application to council for an outdoor dining permit. Each council may require a separate
approval for the consumption of alcohol and traders will also need to apply to Consumer
and Business Services.
While patrons are no longer required to be seated to consume alcohol in an outdoor
dining area under the Liquor Licensing Act 1997, councils may identify their own
conditions to the outdoor dining permit that limit trading hours, the number of tables and
chairs or the number (or proportion) of people that can be standing in addition to those
seated in an outdoor dining area.
2.7
Smoking
From 1 July 2016, smoking will be banned in outdoor dining areas in South Australia
under section 52 of the Tobacco Products Regulation Act 1997. This includes outdoor
dining areas at venues such as pubs, cafes, restaurants, fast food outlets and
temporary eateries at events.
The new law is designed to protect the community from exposure to potentially harmful
tobacco smoke and increase the comfort and enjoyment of outdoor dining areas for all
patrons.
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 7 of 10
Signs indicating the outdoor area is smoke free must be displayed in such numbers and
positions of prominence that they are likely to be seen by people within the area.
Councils can also include these new measures as special conditions in their outdoor
dining permits.
2.8
Advertising
One of the principles of outdoor dining is that it seeks to make a positive contribution to
the streetscape and local amenity. The installation of advertising has the potential to
detract from the visual attractiveness of the outdoor dining area. Signage to promote
the name of the business may be appropriate in limited areas and can be considered by
council in accordance with the Development Act 1993 where relevant.
Third party advertising (ie not related to the business) is generally not permitted in
outdoor dining areas or on any items of furniture or equipment.
Details of any proposed signage and advertising including menus must be submitted to
council as part of the application.
2.9
Special Conditions
2.9.1
Development Approval
Applications for large-scale outdoor dining areas may be assessed as a change of use
of the footpath and require a Development Application. Development Approval for such
a permit would need to be authorised under the Local Government Act 1999 and be in
accordance with any existing Council by-laws in place.
Some applications may include significant furniture installation, such as fixed screens,
road safety elements such as bollards, enclosures, shade structures or signage. This
may be assessed as building work under the Development Act 1993 and may also
require a Development Application.
Applicants should be advised of the requirement for a Development Application, and
any associated fees and timeframes for assessment, when preparing their outdoor
dining application.
2.9.2
Heritage and other Significant Areas
Outdoor dining proposed in or adjacent to heritage or conservation areas should be of
appropriate size and character to complement the existing amenity. In addition, outdoor
dining applications in or nearby to established entertainment precincts or other
designated areas should have regard to the specific siting, layout and design
requirements already in place.
Applications for outdoor dining in heritage or other significant areas may require
specialist input and involvement from additional officers including heritage advisors,
development assessment planners or community safety officers.
LGA of SA
Model Guidelines for Outdoor Dining – December 2015
Page 8 of 10
2.10 Permit Requirements
Outdoor dining permits are generally approved for a period of twelve months and apply
to a financial year or the relevant pro rata portion. Permits may be revoked or amended
by council if:
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traders fail to comply with the general and specific conditions attached to the
permit
changed conditions in the street or precinct, such as traffic volumes or car
parking, result in negative impacts on outdoor dining areas
other issues arise requiring amendment or cancellation such as council
streetscape upgrades or installation of new street furniture.
Permits must be renewed on an annual basis and ideally through an online process to
minimise administrative paper work for council staff and applicants. Permits should only
be renewed if applicants can demonstrate continued adherence to the permit conditions
and maintenance of public safety and access.
Applicants must hold relevant public liability insurance and ensure it notes council as an
interested party. Insurance is generally required for the minimum amount of $20 million
and must cover injury, loss or damage to persons or property.
3
Evaluation and Review of Guidelines
These guidelines were endorsed by __________________________________
to take effect on __________________________________________________
Thereafter they will be reviewed annually.
The next date of review is___________________________________________
4
Attachment
Attachment A
LGA of SA
Outdoor Dining Background Document
Model Guidelines for Outdoor Dining – December 2015
Page 9 of 10
148 Frome St
Adelaide SA 5000
GPO Box 2693
Adelaide SA 5001
T (08) 8224 2000
F (08) 8232 6336
E lgasa@lga.sa.gov.au