Fencing Local Law 2017
3528GOVERNMENT GAZETTE, WA 29 June 2017
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3528 GOVERNMENT GAZETTE, WA 29 June 2017 12.8 Additional information required for food sales licence application food sales licence— (a) a plan and specification of the proposed area to be licenced on a scale of 1:50 showing— (i) the location and dimensions of the proposed area and the means by which the area is to be separated from the balance of the public place; and (ii) the position of all tables, chairs and other structures proposed to be provided in the area and which of the items, if any, are to be retained within the area at all times; (b) a plan and specification on a scale of 1:200 showing the area and all improvements within 30 metres of the boundaries of the area including any public facility and parking restrictions; (c) a colour photograph or photographs of the tables, chairs and other structures to be set up in the area; (d) a written statement of the manner in which foodstuffs and other dining accessories are to be conveyed to and protected from contamination within the area; and (e) written particulars of arrangements made in respect of public liability insurance. 12.9 Power of CEO to grant licence (1) The CEO may grant a licence to a person authorising the person to provide a specified type of trading at a specified public place. (2) In subsection (1)— “specified” means specified in the licence document. (3) A licence cannot be granted in respect of more than one type of commercial activity or in respect of more than one public place. (4) A licence cannot be granted to 2 or more persons. (5) A person may be granted 2 or more licences whether for the same type of commercial activity or for different types of commercial activity or for different public places. 12.10 General restrictions on grant of licence (1) The CEO must not grant a licence if there are reasonable grounds for believing that the provision of the activity to which the application relates would constitute an unacceptable risk to the safety of the public. (2) The CEO must not grant a licence unless the CEO is satisfied that— (a) the applicant is capable of carrying on the activity in accordance with this local law and the terms and conditions of the licence; (b) the public place at which the activity is to be provided is suitable for that purpose; (c) a licence or equivalent authority granted or issued to the applicant has not been cancelled in the period of 5 years before the application is made; and (d) the applicant is a fit and proper person to carry on the activity. (3) The CEO must not grant a licence to an individual applicant if the applicant has been found guilty of an offence under this local law unless the CEO is satisfied that there are exceptional reasons for doing so. 12.11 Conditions applying to certain licence It is a condition of every trading licence, market licence, entertainment licence and food sales licence that— (a) at all times during the period for which the licence is issued, the licencee must effect and maintain a public risk policy of insurance with a reputable insurer with respect to the commercial activity authorised by the licence. (b) the commercial activity can only be conducted at the public places specified in the licence; and (c) unless otherwise stated on the licence, the expiration date of the licence is midnight on 30 June of that year. 12.12 Other conditions The CEO may grant a licence subject to any conditions that the CEO considers appropriate. 12.13 Condition of every trading licence Every trading licence is taken to be subject to the conditions set out in Schedule 2. 12.14 Condition of every market licence Every market licence is taken to be subject to the conditions set out in Schedule 3. 12.15 Condition of every entertainment licence Every entertainment licence is taken to be subject to the conditions set out in Schedule 4. 12.16 Condition of every food sales licence Every food sales licence is taken to be subject to the conditions set out in Schedule 5. 12.17 Contravention of conditions A licensee who contravenes a condition of the licence commits an offence.