Div 3Outdoor eating facilities on public places

Division 3—Outdoor eating facilities on public places 8.15 Interpretation In this Division— “Facility” means an outdoor eating facility or establishment on any part of a public place, but does not include such a facility or establishment on private land; “permit holder” means the person to whom a permit has been issued for the purpose of clause 8.16; and “public place” has the meaning given to it in clause 1.4. 8.16 Permit required to conduct Facility A person shall not establish or conduct a Facility without a permit. 8.17 Matters to be considered in determining application In determining an application for a permit for the purpose of clause 8.16, the local government may consider in addition to any other matter it considers relevant, whether or not— (a) the Facility is conducted in conjunction with and as an extension of a food business which abut on the Facility, and whether the applicant is the person conducting such food business; (b) any abutting food business is registered in accordance with the Food Act 2008 and whether the use of the business is permitted under the town planning scheme; (c) users of the Facility will have access to proper and sufficient sanitary and ablutionary conveniences; (d) the Facility would— (i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any person; or (ii) impede pedestrian access; and (e) the tables, chairs and other equipment to be used may obstruct or impede the use of the public place for the purpose for which it was designed.