Commercial Use Activity - footpath dining permit

Commercial Activity Use - footpath dining - permit application

Applicant details

Who is applying for the permit? *

Individual/sIncorporated Association / Corporation

Individual 1 full name *

Phone number *

Email Address *

Postal address *

Are there any other persons to be named on the permit? *

YesNo

Individual 2 full name *

Phone number *

Email Address *

Postal address *

Entity name *

ACN

Postal address *

Registered address of corporation or organisation

Email Address *

Phone number *

Nominated contact person's full name *If the applicant is a corporation or organisation, a contact person must be nominated for the permit and must be duly authorised to act on behalf of the corporation.

Contact person's position held (eg Director, Company Secretary etc) *

Phone number of contact person *

Email address of contact person *

Trading name

Is the trading name of your business different to the name you provided above? *

YesNo

Business trading name

ABN

Location and details

Please note that if the proposed location of the Footpath Dining area is adjacent to State controlled road, then approval may also be required from the Department of Transport and Main Roads (DTMR). Please make contact directly with DTMR to determine if you require approval. Please note that any delay in obtaining approval from DTMR may result in a delay in the assessment of a permit.

Where is the proposed location of the Footpath Dining area? *

Is the proposed Footpath Dining area adjacent to a State controlled road? *

YesNo

Please provide a copy of the approval from DTMR with this application. *

Browse

Is the applicant the owner or lease holder of the land that adjoins the proposed Footpath Dining area? *

YesNo

Please provide a copy of written consent of the landowner. *

Browse

What is the proposed use of the Footpath Dining area? *

What are the proposed operating hours for the Footpath Dining area? *

What are the overall dimensions and total area for Footpath Dining being applied for? *

What are the proposed furniture and structures to be used/installed in the Footpath Dining area?

Tables - number of *

Tables - materials *

Chairs - number *

Chairs - materials *

Portable shade structures - number of *

Portable shade structures - materials *

Portable shade structures - dimensions *

Portable screens or barriers - number of *

Portable screens or barriers - materials *

Portable screens or barriers - overall dimensions *

Landscape planter boxes - number of *

Landscape planter boxes - materials *

Landscape planter boxes - overall dimensions *

Other structures - number of

Other structures - description & materials

Other structures - dimensions

How and where do you propose to store or secure the proposed furniture and/or structures when not in use for the purpose of footpath dining? *

Do you propose to sell or allow the consumption of alcohol within the Footpath Dining area? *

YesNo

If answering yes to this question, a Liquor Licence must be obtained from the Office of Liquor and Gaming Regulation prior to the commencement of alcohol consumption from within the Footpath Dining area. Please provide a copy of the liquor licence with this application if one is already obtained.

Are there any advertising devices proposed to be installed in the Permit area? *

YesNo

What type of signs will be installed in the Permit area? *

How many signs will be installed in the Permit area? *

What location/s will the signs be installed within the Footpath Dining Area? *

Please provide any further information if applicable

Supporting documents

Please provide copies of each of the following documentation with your application. If any of the following are not included with your application, your application will be considered incomplete and Council may refuse to accept it.

For information on what is required in the Site Plan and Procedures, refer to the notes at the bottom of this form.

Site Plan *

Browse

See below for further detail on what information to include in your Site Plan.

Photographs and/or brochure of the site frontage including furniture and structures *

Browse

Include (i) colour photograph/s of the proposed area to be used for Footpath Dining; and (ii) photograph/s or relevant brochures which show the furniture, structures and other items intended to be placed within the Footpath Dining area as outlined on the site plan.

Procedures *

Browse

See below for further detail on what information to include in your Procedures document.

Upload a copy of the liquor licence (if already obtained). Otherwise, you will need to provide it to Council by no later than 7 days before commencement of the permit

Browse

A certificate of currency for Public Liability Insurance held in the name of the Permit Holder for an amount of no less than $20 million which notes the Cairns Regional Council as an interested party. *

Browse

Declaration

If the application is made by a corporation or incorporated association, the person signing the form must occupy a position that is legally entitled to make an application on behalf of the corporation or incorporated association.

I declare that the information provided in this application form and any other documentation submitted in connection with this application is true and correct and consent to the Cairns Regional Council making enquiries and exchanging information with authorities of any Local, State/Territory or Commonwealth department regarding any matters relevant to this application.

*

I indemnify the Cairns Regional Council, including its employees, representatives or agents, from and against any action, claim, demand, loss, damage, cost and/or expense that is or may be suffered by the Cairns Regional Council in connection with or related to the assessment of this application.

*

I agree that if a permit is issued following assessment of this application form that I will:

(a) keep in effect during the term of any permit issued, a certificate of currency for public liability insurance which notes the Cairns Regional Council as an interested party and which is for a value of not less than $20 million and held in the name of the permit holder; and
(b) indemnify the Cairns Regional Council, including its employees, representatives and agents, from and against any action, claim, demand, loss, damage, cost and/or expense that is or may be suffered by the Cairns Regional Council in connection with or related to the activity and/or the use of the Council controlled area or road in any way. *

I have read and understood the above declaration and confirm that the information provided in this application and any supporting documents are true and correct.

*

Information Privacy statement

Your personal information has been collected by Cairns Regional Council for the purpose of assessing your Commercial Use Activity permit application . The collection of your information is authorised under the Local Government Act 2009. You are providing personal information which will be used for the purpose of delivering services and carrying out Council business. Your personal information is handledin accordance with the Information Privacy Act 2009 and will be accessed by persons who have been authorised to do so. Your information will not be given to any other personor agency unless you have given Council permission to or the disclosure is required by law.

Electronic communications statement

In accordance with the Electronic Transactions (Queensland) Act 2001, Cairns Regional Council consents to the information provided in this application by the applicant to be provided by way of electronic communication. Additionally, Cairns Regional Council may provide to you notices, such as an information request or permit, by way of electronic communication. Your consent to this form of electronic communication is taken to be given to Cairns Regional Council by completing this application and submitting this electronic form.

Supporting documents - further information

Site Plan

A site plan is required to be submitted for all Footpath Dining permit applications. It must include the following:

the overall boundary of the footpath dining area which shows the outline of adjoining buildings
the area to be left as footpath
the kerb zone
the location of all furniture, structures, advertising devices and other items intended to be placed in the footpath dining area
the location of any permanent infrastructure within the footpath dining area or immediately adjoining it – this includes but not limited to trees, fire hydrants, transformers, telephone booths, mailboxes, bus shelters, rubbish bins, pillars and posts (awning or building supports) and any other permanent items
measurements on the site plan for the following:
- overall length and width of the footpath dining area
- overall width of the footpath taken from the kerb’s edge to the building
- width of the area to be left as footpath.

Procedures

You must submit a procedure with your application to outline how you plan to mitigate potential issues within a footpath dining area. The notes below are provided as a guide only. Your supporting documentation must clearly outline how you will address the criteria in relation to your specific operations. The procedure must address the following three (3) areas, being:

How to ensure amenity of the surrounding area will not be affected;
How to ensure that the footpath dining activity will not cause a nuisance to neighbouring residents and properties; and
How to ensure that the activity does not significantly detract from the capacity of the road to provide a vehicular and/or pedestrian thoroughfare.

As a guide, the procedure should answer the following questions as well as anything else that may be applicable for the footpath dining area.

How to ensure that amenity of the surrounding area will not be affected

How will you ensure that the footpath dining area is kept free from litter and waste?
How will you ensure that your own commercial waste bins will be used for the waste generated by your business and the footpath dining area and not public street bins?

How to ensure that the footpath dining activity will not cause a nuisance to neighbouring residents and properties

How will you ensure that noise, light, odour and other potential impacts and nuisances are not having an adverse impact on surrounding businesses or residences;
How will you ensure that patron behaviour within the footpath dining area does not interfere with the use and enjoyment or cause nuisance to others?

How to ensure that the activity does not significantly detract from the capacity of the road to provide a vehicular and/or pedestrian thoroughfare

How will you ensure that safe and unobstructed passage for pedestrians, particularly those who may be physically or visually impaired, will be maintained;
How will you ensure the safe and unobstructed vision for drivers of vehicles and cyclists will be maintained; and
How will you identify services that require access within the footpath dining area such as sewer, gas, water, telecommunications and electricity conduits and how will you maintain access to those services.