5204GOVERNMENT GAZETTE, WA 3 November 2022

5204 GOVERNMENT GAZETTE, WA 3 November 2022 (e) present an authorised person with a copy of a current certificate of public liability insurance upon the request of the authorised person. (2) If, at the absolute discretion of the local government, any work is required to be carried out to an alfresco dining area, the local government may give notice to the permit holder to carry out that work specified within the notice within the time specified in the notice. (3) In this part, “work” includes the removal, alteration, repair, reinstatement or construction of a street or footpath or any part of a street or footpath arising from or in connection with the setting up or conduct of an alfresco dining area. 11.13 Conditions on an alfresco dining area In addition to the conditions described in clause 12.4, the local government may impose conditions or grant an exemption on the grant of a permit for an alfresco dining area relating to— (a) the permit holder having non-exclusive rights to establish and conduct an alfresco dining area in the relevant area; (b) the colour, number, type, form and construction, as the case may be, of any furniture which may be used in the alfresco dining area; (c) the care, maintenance and cleaning of any furniture used in the alfresco dining area; (d) the removal and storage of all furniture used in the alfresco dining area prior to the close of business of the abutting food business on any day that the alfresco dining area is operating; (e) the removal of all furniture used in the alfresco dining area for the purposes of events or other activities of the local government; (f) the requirement to maintain pedestrian access between the alfresco dining area and an abutting food business; (g) the alfresco dining area not impeding or obstructing any local government property or public place used by either pedestrians or vehicles; (h) the obtaining of public liability insurance in an amount and or terms reasonably required by (i) the requirement to maintain clear sight lines for vehicles entering or leaving local government property, a thoroughfare or a vehicle crossing; and (j) the payment of costs associated with the local government preparing the local government property or public place for use as an alfresco dining area including the reshaping of footpaths and marking the boundaries of the alfresco dining area. 11.14 No smoking areas Subject to this local law if a permit is granted under this local law in respect of an alfresco dining area— (a) the alfresco dining area is deemed to be a no smoking area; and (b) a person shall not smoke a tobacco product while in the alfresco dining area. 11.15 Removal of an unlawfully conducted alfresco dining area (1) Where an alfresco dining area is conducted without a permit or in contravention of the terms or condition of a permit— (a) an authorised person may direct a person or the holder of the permit to remove any tables, chairs, umbrellas or other equipment; and (b) any tables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded in accordance with the Act. (2) If an authorised person directs a person or the holder of the permit to remove any tables, chairs, umbrellas or other equipment, that person must comply with the direction of the authorised person. 11.16 Temporary removal of an alfresco dining area (1) The holder of a permit for an alfresco dining area must temporarily remove the alfresco dining area 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 holder of a permit for an alfresco dining area may replace the alfresco dining area removed under clause 11.16(1) as soon as the person who directed him or her to remove it allows it to be replaced. 11.17 Change of ownership of an alfresco dining area Where the ownership of a food business subject to an alfresco dining permit changes, the new owner must notify the local government within 2 weeks of the change of ownership. 11.18 Terms and validity of an alfresco dining permit Except where otherwise stated in the local law or on the permit, an alfresco dining permit remains valid until— (a) the proprietor of the food business changes; (b) approved changes are made to an existing licence, including increase or reduction in area subject of the licence, or conditions under which the licence was granted; (c) the public liability insurance policy required in accordance with 13.4(h) lapses, is cancelled or is no longer in operation; (d) the permit is cancelled by the local government.