854GOVERNMENT GAZETTE, WA 24 January 2017

854 GOVERNMENT GAZETTE, WA 24 January 2017 2.18 Obligations of permit holder (1) The permit holder for a Facility must— (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 rates and taxes levied upon the land occupied by 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. 2.19 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. 2.20 Use of Facility by public (1) A person must 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 must leave a Facility when requested to do so by the permit holder. 2.21 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 in the event of an emergency. (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. Division 4—Itinerant Food Vendors 2.22 Definitions In this Division, unless the context requires otherwise:— itinerant food vendor means a person who travels along the road looking for customers and who sells food from their vehicle parked temporarily on the road to customers who stop them or come to them while he is so parked; itinerant food vendor’s permit means a permit to conduct an itinerant food vending service issued by the local government under this local law. 2.23 Itinerant Food Vendor’s Permit (1) An itinerant food vendor must not offer for sale or sell food unless they— (a) are the holder of an itinerant food vendor’s permit issued by the Local Government under this clause; and (b) comply with any conditions to which the permit is subject. (2) An application seeking the issue of an itinerant food vendor’s permit must be made by the proprietor or, where there is more than one proprietor, by each proprietor; on the approved form and must forwarded by the applicant to the local government together with the approved fee. (3) An application for a food vendor’s permit must be determined by the local government which may approve the application, with or without conditions, or reject the application. (4) A permit issued under this clause must, unless cancelled in the meantime in accordance with the provisions of the Act, be valid from the date of issue until the following 30th day of June. 3.1 Application for permit (1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law must— (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 (3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit.