1694GOVERNMENT GAZETTE, WA 22 March 2017

1694 GOVERNMENT GAZETTE, WA 22 March 2017 6.17 Matters to be considered in determining application In determining an application for a permit for the purpose of clause 6.16, the local government may consider in addition to any other matter it considers relevant, whether or not— (a) the facility is conducted in conjunction with and as an extension of a food business which abut on the facility, and whether the applicant is the person conducting such food business; (b) any abutting food business is registered in accordance with the Food Act 2008 and whether the use of the business is permitted under the local planning scheme; (c) users of the facility will have access to proper and sufficient sanitary and ablutionary conveniences; (d) the facility would— (i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any person; or (ii) impede pedestrian access; and (e) the tables, chairs and other equipment to be used may obstruct or impede the use of the public place for the purpose for which it was designed. 6.18 Obligations of permit holder (1) The permit holder for a facility shall— (a) ensure that the facility is conducted at all times in accordance with the provisions of this local law; (b) ensure that the eating area is kept in a clean and tidy condition at all times; (c) maintain the chairs, tables and other structures in the eating area in a good, clean and serviceable condition at all times; and (d) be solely responsible for all and any costs associated with the removal, alteration, repair, reinstatement or reconstruction of any part of the public place arising from the conduct of the facility. (2) Whenever, in the opinion of the local government, any work is required to be carried out to a facility, the local government may give a notice to the permit holder for the facility to carry out that work within the time limited by the notice. (3) In subclause (2), work includes the removal, alteration, repair, reinstatement or reconstruction of any part of a public place arising from or in connection with the setting up or conduct of a facility. 6.19 Removal of facility unlawfully conducted Where a facility is conducted without a permit, or in contravention of a condition of a permit, any tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded in accordance with the Act. 6.20 Use of Facility by public (1) A person shall not occupy a chair or otherwise use the equipment in a facility the subject of a permit unless the person uses them for the purpose of consuming food or drinks provided by the facility. (2) A person shall leave a facility when requested to do so by the permit holder. 6.21 Temporary removal of Facility may be requested (1) The permit holder for a facility is to temporarily remove the facility when requested to do so on reasonable grounds by an authorised person or a member of the Police Service or an emergency service. (2) The permit holder may replace the facility removed under subclause (1) as soon as the person who directed her or him to remove it allows it to be replaced. PART 7—PERMITS Division 1—Applying for a permit 7.1 Application for permit (1) Where a person is required to obtain a permit under this local law, that person shall apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law shall— (a) be in the form determined by the local government; (b) be signed by the applicant; (c) provide the information required by the form; and government under and in accordance with sections 6.16 to 6.19 of the Act. (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2).