sec.132Meaning of outdoor eating or drinking place

sec.132 Meaning of outdoor eating or drinking place

A place is an outdoor eating or drinking place if— the place is not an enclosed place or residential premises; and persons at the place may consume food or drink provided from an on-site food service; and any of the following apply— a person would reasonably expect the place has been provided for the purpose of consuming food or drink provided from an on-site food service; an area on a footpath outside a cafe or takeaway food store containing tables and chairs an outdoor area at a shopping centre, surrounded by food outlets, apparently provided for customers to use while consuming food or drink purchased from the outlets the place is bounded by a fence; a fenced sporting ground at which persons may consume food or drink purchased at the ground an area of a park, temporarily fenced off, at which a cultural festival is being conducted and where persons may consume food or drink purchased at the festival the place is liquor licensed premises. However, a place is an outdoor eating and drinking place only while— food or drink is being provided, or is available to be provided, from an on-site food service; or food or drink provided from an on-site food service is being consumed at the place. Food or drink is taken to be provided from an on-site food service whether it is— served to a person in the outdoor eating or drinking place by or for the person conducting the on-site food service; or taken by a person from the on-site food service for consumption in the outdoor eating or drinking place. In this section— provide , food or drink, includes distribute, give or sell the food or drink. residential premises does not include multi-unit residential accommodation. s 132 ins 2004 No. 47 s 40 sub 2006 No. 46 s 290 amd 2007 No. 28 s 45 ; 2016 No. 6 s 10 ; 2023 No. 16 ss 37 , 3 sch 1 (sec.132-ssec.1) A place is an outdoor eating or drinking place if— the place is not an enclosed place or residential premises; and persons at the place may consume food or drink provided from an on-site food service; and any of the following apply— a person would reasonably expect the place has been provided for the purpose of consuming food or drink provided from an on-site food service; an area on a footpath outside a cafe or takeaway food store containing tables and chairs an outdoor area at a shopping centre, surrounded by food outlets, apparently provided for customers to use while consuming food or drink purchased from the outlets the place is bounded by a fence; a fenced sporting ground at which persons may consume food or drink purchased at the ground an area of a park, temporarily fenced off, at which a cultural festival is being conducted and where persons may consume food or drink purchased at the festival the place is liquor licensed premises. (sec.132-ssec.2) However, a place is an outdoor eating and drinking place only while— food or drink is being provided, or is available to be provided, from an on-site food service; or food or drink provided from an on-site food service is being consumed at the place. (sec.132-ssec.3) Food or drink is taken to be provided from an on-site food service whether it is— served to a person in the outdoor eating or drinking place by or for the person conducting the on-site food service; or taken by a person from the on-site food service for consumption in the outdoor eating or drinking place. (sec.132-ssec.4) In this section— provide , food or drink, includes distribute, give or sell the food or drink. residential premises does not include multi-unit residential accommodation.