566GOVERNMENT GAZETTE, WA 1 May 2025

566 GOVERNMENT GAZETTE, WA 1 May 2025 8.18 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. 8.19 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 authorized person and impounded in accordance with the Act. 8.20 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. 8.21 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 authorized 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.