212GOVERNMENT GAZETTE, WA 14 January 2021

212 GOVERNMENT GAZETTE, WA 14 January 2021 9.17 Use of an outdoor dining area by public (1) A person must not use the furniture or equipment in an outdoor dining area which is the subject of a permit unless the person uses them for the purpose of consuming food or beverage, or both, provided by the operator of an outdoor dining area. (2) A person must leave an outdoor dining area when requested to do so by the permit holder. 9.18 Temporary removal of outdoor dining area may be requested (1) The permit holder for an outdoor dining area is to temporarily remove the outdoor dining area when requested to do so on reasonable grounds by an authorised person or a member of the Police Service or emergency service. (2) The permit holder for an outdoor dining area may replace the outdoor dining area removed under subclause (1) as soon as the person who directed the removal allows it to be replaced. (1) For the purpose of this Part, the term “permit” includes any permit, licence, registration, consent, authority, approval, permission or exemption. (2) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (3). (3) An application for a permit under this local law must— (a) be in the form determined by the local government; and (b) be signed by the applicant unless the form, or in the absence of a form, the local government’s requirement, is to the contrary; and (c) provide the information required by the form, or in the absence of a form, as required by the local government; and (d) be lodged with or forwarded to the local government together with any fee provided for in the Fees Schedule. (4) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (5) The local government may require an applicant to give local public notice of the application for a (6) The local government may refuse to consider an application for a permit which is not in accordance with subclause (3), (4) or (5). 10.2 Decision on application for permit (1) The local government may— (a) approve an application for a permit unconditionally or subject to any conditions; or (b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant a permit in the form, if any, determined by the local government. (3) If the local government refuses to approve an application for a permit, as soon as practicable after the decision is made, the local government is to give to the applicant written notice of that refusal, including the reasons for the refusal. (4) Where a clause of this local law refers to conditions which may be imposed on a permit or which are to be taken to be imposed on a permit, the clause does not limit the power of the local government to impose other conditions on the permit under subclause (1)(a). (5) Where a clause of this local law refers to the grounds on which an application for a permit may be or is to be refused, the clause does not limit the power of the local government to refuse the application for a permit on other grounds under subclause (1)(b). 10.3 Conditions which may be imposed on a permit (1) Without limiting the generality of clause 10.2(1)(a), the local government may approve an application for a permit subject to conditions relating to— (a) the payment of a fee; and (b) the duration and commencement of the permit; and (c) the commencement of the permit being contingent on the happening of an event; and (d) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; and (e) the approval of another application for a permit which may be required by the local government under any written law; and (f) the area of the district to which the permit applies; and (g) where a permit is issued for an activity which will or may cause damage to a public place or local government property, the payment of a deposit or bond against such damage; and (h) the obtaining of public liability insurance in an amount and on terms reasonably required by the local government; and