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 2 of 3 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 3 of 3 Fact Sheet Dogs in outdoor dining areas – information for footpath trading permit holders