14ADogs not prohibited in outdoor dining areas in certain circumstances

#### 14A Dogs not prohibited in outdoor dining areas in certain circumstances 14A Dogs not prohibited in outdoor dining areas in certain circumstances > > (1) The relevant legal restrictions do not prohibit a dog (other than a dangerous, menacing or restricted dog) from being in an outdoor dining area if— > > > > > (a) the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and > > > > > (b) the person does not feed the dog or permit the dog to be fed, and > > > > > (c) the dog is kept on the ground. > > > (2) However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area— > > > > > (a) it is not necessary for the dog to be restrained by means of a chain, cord or leash, and > > > > > (b) the dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, and > > > > > (c) the dog can sit on a person’s lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans. > > > (3) This section does not confer any entitlement on a person accompanied by a dog to use any table and chairs or other apparatus provided in an outdoor dining area by a food business (within the meaning of the [Food Act 2003](/view/html/inforce/current/act-2003-043)) without the permission of the operator of the food business. > > > (4) The relevant legal restrictions are— > > > > > (a) section 14 (1) (b), and > > > > > (b) the [Food Act 2003](/view/html/inforce/current/act-2003-043) and the Food Standards Code (within the meaning of that Act). > > > (5) An outdoor dining area is an area that— > > > > > (a) is used for the consumption of food by humans, and > > > > > (b) is not enclosed, and > > > > > (c) can be entered by the public without passing through an enclosed area in which dogs are prohibited by this Act or the other relevant legal restrictions, > > > > but does not include any part of an area that is used for the preparation of food. > > > (6) An area is enclosed if, except for doorways and passageways, the area is substantially or completely enclosed, whether permanently or temporarily, by— > > > > > (a) a ceiling or roof, and > > > > > (b) walls or windows (or both). > > **s 14A:** Ins 2010 No 33, Sch 1. Am 2013 No 86, Sch 1 \[3\].