Outdoor
Dining
Background
Paper
Draft as at 18 December 2015
LGA of SA
Outdoor Dining Background Paper – Draft as at 18 December 2015
Page 2 of 18
Local Government Association of SA
Outdoor Dining Background Paper
Draft as at 18 December 2015
Contents
1.
Introduction .................................................................................................................. 4
2.
Definition ...................................................................................................................... 4
3.
Objectives..................................................................................................................... 5
4.
Development of the Guidelines ................................................................................... 5
5.
Legislative Context ...................................................................................................... 6
6.
Key Principles .............................................................................................................. 7
7.
Assessment Process ................................................................................................... 8
8.
Model Guidelines ....................................................................................................... 10
8.1
Physical Layout – Siting and Functional Zones.............................................. 10
8.1.1 Siting......................................................................................................... 11
8.1.2 Functional Zones ..................................................................................... 11
8.2
Road Safety ....................................................................................................... 13
8.3
Accessibility ...................................................................................................... 14
8.4
Outdoor Furniture and Equipment ................................................................... 14
8.5
Entertainment .................................................................................................... 15
8.6
Liquor Licensing ............................................................................................... 15
8.7
Smoking............................................................................................................. 15
8.8
Advertising ........................................................................................................ 16
8.9
Special Conditions ............................................................................................ 16
8.9.1 Development Approval ............................................................................ 16
8.9.1 Heritage and other Significant Areas...................................................... 16
8.10 Permit Requirements ........................................................................................ 17
LGA of SA
Outdoor Dining Background Paper – Draft as at 18 December 2015
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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 dining from
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
(http://www.adelaidecitycouncil.com/parklet).
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Outdoor Dining Background Paper – Draft as at 18 December 2015
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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 nighttime 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
o Outdoor Dining Guidelines 2014

City of Charles Sturt
o Outdoor Dining Policy 2013 (supplemented by new Information Sheet), Application
for Permit and Permit Conditions forms

City of Holdfast Bay
o 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
o Outdoor Dining Policy (February 2015)

City of Unley
o Outdoor Dining Policy and Operating Guidelines (2011)
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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.
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South Australian Local Government Act 1999
South Australian Development Act 1993
South Australian Work 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 Australian Liquor Licensing Act 1997
South Australian Tobacco 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 when
drinking 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.
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Outdoor Dining Background Paper – Draft as at 18 December 2015
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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
not the only factor to be considered. Public safety can be addressed in various ways
while still supporting vibrant and active street life, 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 one over another. While outdoor dining can help create dynamic and lively
streets, site constraints (such as high traffic volumes or a narrow footpath) or other
issues may prohibit 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 permit applications.
Figure 1: Outdoor Dining Priorities
Public Safety
Accessibility for All
Balancing the Local Economy
with Residential Amenity
Vibrant Street Life
Attractive Streetscape
Leisure Opportunities
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.
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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:
o
fact sheet or Q&A document
o
application form and example standard conditions
o
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
2. 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
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3. 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 Sturt completed 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.
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Outdoor Dining Background Paper – Draft as at 18 December 2015
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Model Guidelines
8.1
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 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
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8.1.1
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 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.
8.1.2
Functional 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)
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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:
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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.
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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.
8.2
Road 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 energyabsorbing 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:
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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.
Council staff and applicants should refer to the publication ‘Roadside Dining Protection
– A Guideline for local Government Authorities in South Australia’ (2000) produced by
the Department of Planning, Transport and Infrastructure for further information on the
installation of bollards.
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 councilissued permit.
Source: City of Charles Sturt
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.
Source: City of Unley Outdoor Dining Operating Guidelines 2011
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Outdoor Dining Background Paper – Draft as at 18 December 2015
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8.3
Accessibility
Councils should assess the extent to which applications consider accessibility for
people with a disability and/or mobility difficulty including people using a wheelchair,
motorised mobility aid or with a vision impairment, when designing an outdoor dining
area.
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.
Adelaide City Council has developed an accessibility checklist within its Outdoor Dining
Guidelines 2014 to assist applicants in planning for the needs of all people. The
checklist provides a practical summary of the key issues to plan for when assessing
new applications or renewals and encompasses outdoor dining layout, menus and
cutlery, general accessibility and guide/assistance dogs.
Further information on meeting accessibility requirements is contained within Australian
Standard 1428 Parts 1, 2, & 4 (2002).
8.4
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.
Source: Adelaide City Council
The requirement for removable furniture can be contentious if only applied to new
permits. If this condition is not applied retrospectively to businesses with existing fixed
furniture, it can be seen as inequitable by new applicants. The decision on fixed or
removable furniture may be influenced by the arrangements of any existing outdoor
dining areas on the same street.
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.
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Outdoor Dining Background Paper – Draft as at 18 December 2015
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8.5
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. Businesses planning on including 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.
8.6
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 (www.cbs.sa.gov.au/wcm/licensing-and-registration/liquor/).
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.
8.7
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.
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.
Source: SA Health website
(http://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/protecting+public+h
ealth/tobacco+laws+and+businesses/smoke-free+outdoor+dining+laws)
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8.8
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 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.
8.9
Special Conditions
8.9.1
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.
8.9.1
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.
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8.10 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.
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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