Alfresco Dining Policy 2013 - Mildura Rural City Council

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Dec 8, 2013 (4 years and 7 months ago)


Alfresco Dining Policy 2013 

Alfresco Dining Policy 2013


Mildura Alfresco Dining Policy 2013 – Adopted 23 May 2013                     Page 1 of 42 

Document History

Change Log
V1.0 July 2004 Document prepared by
Connell Wagner
V 2.0 June 2009 Revision
V 3.0 February 2013 Updated definitions.

Updated introduction and
performance requirements
with corrections and

Contact information for
relevant Council departments
and responsibilities.

Revised application process
V3.1 May 2013 Change of Policy Name.

Improved Definition

General corrections.

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Mildura Alfresco Dining Policy 2013 – Adopted 23 May 2013                     Page 2 of 42 
Table of Contents
Background to this Policy....................................................................................................................3

About this Policy...................................................................................................................................5


Alfresco Dining....................................................................................................................................10

Element 1 – Location.....................................................................................................................10

Element 2 – Streetscape and Amenity........................................................................................13

Element 3 – Chairs and Tables....................................................................................................14

Element 4 – Heaters, Fans and Lighting....................................................................................16

Element 5 – Shelter, Shade and Barriers...................................................................................17

Element 6 – Advertising................................................................................................................21

Element 7 – Hazard Management...............................................................................................23

Element 8 – Management.............................................................................................................25



Contact Information............................................................................................................................31

Appendix A – Compliance Check sheet.........................................................................................32

Appendix B – Application Form........................................................................................................38

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Background to this Policy

The purpose of this policy is to provide a comprehensive framework for the development,
management and control of Alfresco Dining, in a consistent and municipal wide basis.

The policy seeks to encourage better designed and higher quality Alfresco Dining facilities,
 Make a positive contribution to the streetscape
 Integrate with the existing business activity
 Improve the physical and visual amenity of the footpaths in a sensitive and responsive
 Do not interfere with safe pedestrian and vehicular traffic

It aims to:
 Bring about a consistent standard to make Alfresco Dining fair for all including traders,
customers and pedestrians
 Encourage the sensitive location of Alfresco Dining facilities
 Encourage good-quality, cost-effective design
 Make requirements for Alfresco Dining transparent and easy to understand
 Respect adjoining amenity through appropriate design
 Maintain visual amenity and pedestrian circulation standards
 Improve litter management
 Provide a clean, enjoyable dining environment

This policy DOES NOT include any information regarding:
 On-road dining and road closures
 Indoor dining
 Temporary food stalls

The policy applies to Alfresco Dining activity in any zone, both urban and non-urban, within
the entire municipality, on any Public lands under Council’s direct control and extending from
private land (eg food and drink premises).

A Check sheet is provided at Appendix A to assist Traders with understanding and
developing a plan for an Alfresco Dining Area.

An Application Form is attached at Appendix B for approval required from the various
Council departments. Other approval may be required from other authorities in some cases.
Once assessed by each department, the application will be passed to Local Laws, who will
then return the completed application assessment to the proponent.

How the Policy Works
An application is submitted to Council, assessed by Local Laws, Engineering Services &
Asset Development and Statutory Planning as applicable.

When an Alfresco Dining Area requires Council Approval under the Planning and
Environment Act 1987, Victorian Buildings Regulations, Local Laws and/or from Asset
Development, proponents must address the considerations set out for each element of the

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Each element comprises general considerations, objectives and performance requirements
to be satisfied by the proposed Alfresco Dining arrangement.

Proponents are encouraged to discuss proposed Alfresco Dining Areas with Council prior to
proceeding with a development. If Council approval is required then proponents should
demonstrate that the objectives and performance requirements for each element of the
policy are met, or when a non-compliance with this policy is identified.

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About this Policy

This Alfresco Dining Policy has been prepared to assist the Local Laws, Engineering
Services & Asset Development, Waste Management, Litter Prevention and Statutory
Planning Departments, in the assessment and monitoring of Alfresco Dining activities. This
policy also seeks to provide operators of Food and Drink Premises with an appreciation of
Council’s preferred vision of these activities.

The development of Alfresco Dining activity in most cases is likely to require approval under
one or more of the following:
 Mildura Planning Scheme
 Building Regulations 2006
 Council’s Local Laws
 Written consent from the Engineering Services & Asset Development Department

Council Approval
Even though one application needs to be submitted to Council (see Appendix B) the
application will be assessed by various Council Departments and other authorities as
required. A separate application may need to be made to other approval authorities such as
the Victorian Commission for Gambling and Liquor Regulation depending on the nature of
the proposed Alfresco Dining Area. Approval is required from:

 Local Laws: This is required for all Alfresco Dining Areas which are to be located on
public land such as the Footpath Area. Local Laws will assess the Alfresco Dining Area
plan and determine whether the guidelines are being adhered to. If building or works are
planned for the Alfresco Dining Area, further permits may be required. The relevant
Mildura Rural City Council Community Local Law which outlines the rights and
responsibilities of commercial activity on Council land including Alfresco Dining is Local
Law No. 2.

 Engineering Services & Asset Development: Approval is required for any structures
that are fixed to public land, including but not limited to shade structures, umbrellas,
awnings, fixed tables or chairs, pergolas or verandahs. This is separate from Local Laws
approval or any permit from Statutory Planning. Approval is required in writing.

 Statutory Planning: Building and works associated with an Alfresco Dining Area
approved by Local Laws may be exempt from requiring a planning permit from the
Statutory Planning Department. Clause 62.02-1 of the Mildura Planning Scheme,
Buildings and works not requiring a permit states:

“Any requirement in this scheme relating to the construction of a building or the
construction or carrying out of works does no apply to:
 Buildings and works associated with a use on adjoining land or street
trading if authorised under a local law.”

Clause 34.01 Business 1 Zone affects land along Langtree Avenue between Seventh
and Eighth Streets and provides an additional exemption to requiring planning approval.
Clause 34.01-4 Buildings and Works states:

“A permit is required to construct a building or construct or carry out works. This
does not apply to:

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 An awning that projects over a road if it is authorised by the relevant
public land manager.”

Should Local Laws provide approval for the proposed Alfresco Dining Area as any
associated building and works will not require a planning permit from the Statutory
Planning Department? The guidelines within this document must be taken into
consideration when designing and constructing any structures associated with an
Alfresco Dining Area.

Clause 52.05 Advertising Signs stipulates the requirements for signage and the
applicant, if required to apply for a planning permit, will be required to apply directly
to the Statutory Planning Department.

 Liquor Licence: Clause 52.27 Licensed premises outlines the requirements for the sale
or consumption of liquor within an Alfresco Dining Area. Separate approval may also be
required from the Victorian Commission for Gambling and Liquor Regulation.

 Other Authorities: Referral and approval from other authorities may be required. Other
Authorities may include Vic Roads, Victoria Police or any other authority with a relevant

Planning approval is granted by issuing a planning permit, which is determined under the
provisions of the Mildura Planning Scheme.

Local laws approval is required under the Local Government Act. This approval seeks to
protect Council and public interests arising from activity on public land. An annual fee is
charged, with Alfresco Dining Permits expiring on 31 August each year. Renewal of the
Alfresco Dining Permit confirms that the Trader agrees to the conditions and guidelines of
the current policy.

Implementation on page 26 outlines an overview of how an application is processed an

Consideration must be given to this policy when designing and assessing Alfresco Dining

Permits can be issued subject to certain conditions. Particular provisions within this policy
can be translated into permit conditions to provide greater certainty and consistency in the
application of this policy.

Proprietors will be required to ensure that there is no litter within the Alfresco Dining Area
and will be encouraged to follow best practice in regards to litter prevention and reduction.

Mildura Rural City Council would like to promote the development of Alfresco Dining Areas
outside of the central business district within Mildura, and for this reason Alfresco Dining
permits outside of Mildura may be offered at a reduced cost to the applicant. Please contact
Local Laws for the current rate.

If any Removable Furniture, Permanent Fixture or Permanent Structure placement or fitting
used in an Alfresco Dining Area is deemed by a Council officer to be unsafe or not in line
with the guidelines of this Policy, it must be removed and/or replaced as directed.

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The provisions of this policy are intended to compliment existing legislation, codes and
standards and do not in anyway override such legislation, codes and standards.

Building Permit Approval is required for all structures unless exempt under Schedule 8 of the
Building Regulations 2006.

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The following definitions provide a guide to terms used within this policy. These definitions
are not statutory definitions.

Figure 1 on page 9 of this document shows a graphical explanation of some of the terms
used in the policy.

Alfresco Dining Area
Area in which tables, chairs and other structures are provided for the purpose of the
consumption of food or beverages or both by the public outside food and drink premises.

Refers to Mildura Rural City Council.

Feast Street
Langtree Avenue from Seventh Street to Eighth Street. This area is the primary restaurant
and outdoor dining area in Mildura.

Footpath Area
Includes the Pedestrian Area, Trading Area, and Kerb Area to the front of the retail

Kerbside Area
The area between the top of the kerb and the trading area, which ensures that adequate
space is provided between the Trading Area and roadside activities (eg opening of car

Licensed Area
The approved area under the Liquor Control Reform Act 1998, permitting the serving of
alcohol. This must be within the approved Trading Area. It is noted that during special events
a Local Law permit can override the Pedestrian Area and Licensed Area (if they are

Pedestrian Area
The space located immediately adjacent to the front of the building line, with a minimum
width of 2.0 metres. This area will have a continuous accessible path of travel, unobstructed
by any trading furniture.

Permanent Fixture
Items which can be fixed to the ground or attached to a building and can also be moved.
This includes awnings or umbrellas which can be locked into the ground and then unlocked
and moved away.

Permanent Structure
Building or structure fixed to the ground and or attached to a building. This can include a
verandah or a pergola.

This refers to a permit issued by Local Laws in respect to approval given under Mildura
Rural City Council Community Local Law No. 2 where Part 7 regulates Commercial Activity
on Council Land including Alfresco Dining Facilities.

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Removable Furniture
Items such as chairs, tables and removable gas heaters which are not fixed to the ground or
attached to a building and can be moved freely.

The holder of the permit and is responsible for the operation of the Alfresco Dining Area.

Trading Area
Area between the pedestrian area and the kerbside area, containing trading furniture used
for outdoor dining.

Trading Furniture
Includes chairs, dining tables, display tables, waiter’s stations, planter boxes, heaters, fans
umbrellas, screens, awnings, display boards, clothes racks and other structures or devices
to be set up in the trading area.

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Alfresco Dining

Element 1 – Location
The location of trading furniture should be based on an evaluation of the site conditions and
potential impact on the Pedestrian Area. The Pedestrian Area provides an important
circulation path for pedestrians. Particular attention must be given to providing safe and
unobstructed pedestrian opportunities in and around Alfresco Dining Areas.
 To achieve a layout which minimises the impact of the Trading Area on the
Pedestrian Area, Kerb Area and neighbouring properties.
Performance requirements
The minimum width of a Pedestrian Area must be 2.0 metres. No Trading Furniture or
ancillary items including A-frame signage is to be located in this area. This it outlined in
Figure 1.
The minimum width of a Kerbside Area must be:
 0.5 metres from the gutter when adjacent to angle (45°/90°) vehicle parking
 0.7 metres from the gutter when adjacent to parallel vehicle parking
 metres from the gutter when adjacent to parallel disabled vehicle parking

This is outlined in Figure 1.

Figure 1 - Indicative Location Plan - Mid Block Scenario. Not to Scale.

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The minimum width of a Trading Area must be 1.0 metre.
2.0 metres clearance is required for access to pedestrian crossings to allow for safe,
unobstructed pedestrian access as outlined in Figure 2.

Figure 2 - Indicative Location Plan - Mid Block Pedestrian Crossing Scenario. Not to Scale.

The Trading Area must not be located outside an adjoining property without written consent
of both the adjacent landowner and the land occupier (if they are not one or the same), and
Council. These extensions will only be permitted on a temporary basis.
If Council, the adjacent landowner or land occupier of the adjacent premises, revokes their
consent for the Alfresco Dining Area to include the area adjacent to the permit holder’s
premises, then the applicant must cease using that area immediately and reinstate the
footpath within the time specified by Council. No permanent fixtures or permanent structures
are permitted outside adjoining properties.
Consideration must be given to the location of any disabled parking so that proposed
Alfresco Dining Areas do not affect access to the pedestrian area

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The Trading Area should be located at least 10 metres from a road corner (measured from
the back of kerb). This distance may be reduced with the written consent from the
Engineering Services and Asset Development Department following an assessment of sight
distances for road users and pedestrians. This is outlined in Figure 3.

Figure 3 - Indicative Location Plan - Corner Block Scenario. Not to Scale.

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Element 2 – Streetscape and Amenity
Alfresco Dining Areas should complement and enhance the existing streetscape and
In determining the streetscape and community impacts, particular attention should be given
 Provision of a tidy and hygienic Trading Area
 Relationship with existing buildings from public areas
 Integration with key design elements/principles
 Colour and appearance of materials used
 Design of trading furniture
 To provide an attractive and comfortable place for people to relax, without limiting the
amenity of other people in the street
 To ensure that the size, appearance and materials used within Alfresco Dining Areas are
compatible with the existing streetscape and public realm
Performance requirements
The Trading Area must be maintained in a tidy and hygienic manner to the satisfaction of
Permanent Structures, Permanent Fixtures, Trading Furniture or other items should not
obstruct view of main areas of street activity and significant sight lines to important
No existing street element or asset may be removed or relocated or modified without the
written consent from the appropriate authority and/or Council (eg. trees, signs, bins, seats,
public utilities etc). If any existing street element or asset is required to be removed the
applicant must pay for the relocation/removal.
An application for Alfresco Dining must demonstrate how the proposal will contribute to the
existing streetscape.

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Element 3 – Chairs and Tables
Chairs and tables are integral to the provision of Alfresco Dining experience. Other furniture
that must be considered in assessing applications includes umbrellas, bollards, heaters,
signs, lights, and barriers. Other trading furniture features are subject to other Elements in
this policy.
 To provide chairs and tables that contribute to a comfortable and safe Alfresco Dining
Performance requirements
All Trading Furniture must remain within the approved Trading Area at all times, whether in
use or not. Warnings or infringement notices may apply for non-compliance.
Chairs and tables should not be placed with their back to the roadway without a barrier
between the Trading Area and the Kerb Area.
Chairs and tables utilised within the Trading Area must be suitable for outdoor use. Plastic
chairs and tables will be discouraged.
No fixed chairs and tables may be used in the Trading Area without the written consent of
Council. A fixed item is defined as something that will not be removed from the Trading Area
at the end of the trading day.
Chairs and tables should be unobtrusive and contemporary in style, appearance, materials,
finishes and colours. Any major variation to the style or type of furniture to be used in the
Trading Area must be notified to Council and approved by Local Laws
The style and colour of chairs and tables should not detract from the integrity and character
of significant buildings, landscape features and structures in the street.
Chairs and tables should have a minimum 30mm diameter rubber pad on legs to protect the
pavement surface. Chair and table legs should be adjustable to suit pavement levels as

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Chairs and tables should be portable yet sturdy and windproof.
As a guide Council will generally allow a maximum of 1 table and 4 chairs to every 4m

within the Trading Area. This is dependant on the Trading Area size, size of Pedestrian Area
and accessibility. Furniture or fixtures should not impede safe pedestrian movement or
Preference will be given to Alfresco Dining proposals that do not increase the number of
chairs and tables associated with the existing food and drink operation. Applications that
increase the seating capacity of the premises may trigger the need for planning approval to
provide additional car parking (Also refer to Element 8 – Management, Performance
Requirement 18) and may also trigger the need for a building permit to provide additional
amenity provisions including disabled toilets and disability access.
Chairs and tables must be physically maintained in a manner to the satisfaction of Council.
Permanent Structures (eg chairs, tables) that are permanently fixed to the ground must not
be removed if an owner/occupier moves from the land to where they are erected. Council will
take ownership of these structures once the premises are vacated.

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Element 4 – Heaters, Fans and Lighting
Heating and lighting infrastructure is important to improve customer comfort. To achieve this
comfort it is imperative that these facilities are provided in a manner that minimises potential
 To facilitate the provision of heating and lighting in a manner that will protect public
safety and property.
Performance requirements
Heaters must be Australian Gas Association (AGA) approved and be used in accordance
with manufacturers instructions, particularly in relation to required clearances from other
combustible objects. The heater must be fitted with a tilt safety switch where the gas will
automatically turn off if the heater unit is tilted.
Any fixed or portable gas heater within the Alfresco Dining Area is to be installed and/or
checked by a registered gas fitter. To ensure they comply with:
 AS 5601/AG-006 – 2004 Gas Installations
 AS/NZS 1956 – 2008 Storing and Handling of LP Gas
 AS 4565 – 2004 Outdoor Radiant Heaters
 And any other relevant Gas Standards
All heaters or fans must remain within the approved Trading Area at all times, whether in use
or not. Warnings or infringement notices may apply for non-compliance.
Outside of daylight hours, adequate lighting must be provided to ensure the safety of
pedestrians within the Pedestrian Area and the amenity of the Trading Area.
Chasing/flashing lights are not permitted in Alfresco Dining Areas.
Lighting is to be permanently fixed and must be maintained in good working order and
should not create unreasonable spill into neighbouring properties. Portable lighting and
leads are not permitted.

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Element 5 – Shelter, Shade and Barriers
Shelter, shade and barriers have the effect of enhancing the Alfresco Dining experience.
Inappropriate provision of these has the potential to impact on amenity, pedestrian
circulation also the opportunity to compliment existing buildings and streetscape.
 To provide a designated area, rendering a comfortable dining experience
 To minimise potential impacts on the streetscape, amenity, pedestrian circulation,
property and public safety
Performance requirements
A combination of shelter, shade and barriers can be used to create a comfortable dining
experience. For the purposes of this policy the difference between each is presented in
Figure 4 below.

Figure 4 - Shelter, Shade and Barriers. Not to Scale.

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Barriers should not exceed the width of the Alfresco Dining premises. A minimum of 0.6m
access way should be provided between the projected property lines and the trading area to
accommodate pedestrian movements from car parking areas. This is to allow people to
move from the parking areas to the pedestrian area in a safe manner. This is depicted in
Figure 5.

Figure 5 - Location of Barriers and Pedestrian Movements. Not to Scale.

Barriers are not permitted between the building and Trading Area. The Trading Area facing
the building must remain open.
At no time can a barrier extend across/outside a neighbouring property without the written
consent of the land owner/land occupier of adjoining properties and Council. If consent is
granted, a minimum of 1.2 metre (0.6m + 0.6m) access way must be provided from the
projected property boundary to accommodate pedestrian movement from car parking areas
as stipulated in Performance Requirement 5.2.
If a property has a wide frontage, 15m or greater, an access way break 1.2 m wide is
required every 7 metres in order to allow for pedestrians to access the footpath from the
road area, or as instructed by Local Laws.

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Barriers or shade structures which are fixed to the ground require the written consent of
Council’s Engineering Services and Asset Development Department. Any “connection bolts”
associated with awnings along the pavement need to be flush with the adjacent horizontal
surface. Only flush mounted anchor points with recessed “D Rings” (Figure 6) or an
approved alternative will be allowed to secure awnings, vertical blinds or similar structures.

All Permanent Fixtures or Permanent Structures, including shade or barriers, must remain
within the approved Trading Area at all times, whether in use or not. Warnings or
infringement notices may apply for non-compliance.
Energy Absorbing Bollards (EAB) may be required at Alfresco Dining locations that would
otherwise be considered unsuitable for the purpose based on local traffic conditions.
Requirements for EAB in unsuitable alfresco dining locations are to be assessed on a case
by case basis.
Side curtains over the footpath between shelter, shade and barriers are not encouraged
without careful consideration being given to streetscape issues. A ‘side curtain’ is a vertical
blind on the sides of an Alfresco Dining Area. If a side curtain is required a permit will need
to be obtained from Council’s Local Laws Department.

Figure 6 ‐ Example of a 'Recessed D‐Ring'. Source: 
Mac’s Custom Tie‐Downs ‐ 

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If planter boxes are desired as barriers, approval is required, and it is also subject to the
guidelines presented in 5.10-5.12.
Planter boxes must contribute to the streetscape and amenity of the area. Larger plant
boxes may be permitted to remain in some Alfresco Dining Areas with the written consent of
Plants species selected should be compact forms, not have spikes, thorns, or cause
allergies that may be poisonous or toxic.
Compact plants requiring low maintenance and requiring only weekly watering are
encouraged and must be maintained in a healthy and vibrant condition to the satisfaction of
Where a Permanent Structure is proposed along the footpath a minimum of 2.5m clearance
from the building must be maintained for the provision of street cleaners to the satisfaction of
the Responsible Authority. Any proposed pergola will need to be designed in accordance
with relevant design guidelines in any relevant adopted policy.
Consent from Vic Roads is required under the Roads Management Act 2004 for all fixed
fittings on the arterial road network including the footpath. This includes the use of pergolas,
verandahs, planter boxes etc.

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Element 6 – Advertising
Mildura Rural City Council will consider identification and promotional signs that add vitality
and colour to business areas. Approval is generally accommodated under the Mildura
Planning Scheme however additional requirements are sought in Alfresco Dining Areas to
enhance visitor and customer experience.
 To provide signage that will improve and compliment the amenity of the premises
 To distinguish between business and product signage on Trading Furniture
 To guide the provision of general advertising (i.e. brands and products) on Trading
Performance requirements
Consideration will need to be given the Mildura Planning Scheme to determine business
advertising requirements. A planning permit may be required to incorporate business
signage on Trading Furniture depending on the location and advertisement area.
No advertising or display materials, including Advertising Boards (“A-Boards”) are permitted
in public places, including the Trading Area, without written consent from Council. An annual
fee is chargeable for stand alone signage and Council indemnified against any public liability
The name and/or logo of the Alfresco Dining operation may be displayed on shelter, shade
and barriers subject to appropriate planning approvals.
Canvas screens and/or umbrellas within the Trading Area may display commercial
advertising such as product advertisements or sponsorship logos. The commercial logo
should cover no more than 10% of the surface area.
No part of the advertising hereby permitted shall be internally or intentionally illuminated
externally without written consent of Council or subject to a planning approval.
No advertising is permitted on chairs and tables.
No advertising is permitted on Council street furniture.

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If any Permanent Structures are approved there must be no logos or advertising on them. All
approved Permanent Structures revert to Council property when the premises are vacated
by the Trader.
No liquor or tobacco advertising is permitted on any item within the Trading Area.
Consideration must be given to regulations that restrict advertisement of particular goods
and services.

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Element 7 – Hazard Management
This policy introduces a mechanism to identify and avoid potential sitting and design hazards
associated with Alfresco Dining activities. Presented below are potential hazards that may
not fall specifically under one of the previous Elements.
 To ensure that potential hazards are considered during the preparation and assessment
of Alfresco Dining operations.
Performance requirements
Alfresco Dining facilities will be located in areas that are considered safe for patrons and
avoid locations that are deemed unsuitable.
Careful consideration must be given to the approval of Alfresco Dining activity in locations
 Have been associated with loss-of-control crashes (eg where vehicles have had a
historic tendency to leave the roadway)
 Where inherently special risk factors for crashes exist (eg unusual cross-fall, steep
longitudinal grade or sites on the outside of road curves or radius less that 40 metres)
 Are located on major circulation routes and are subject to large numbers of passing
heavy vehicles
 Are located in areas that are monitored by CCTV to not obscure the sightlines of
Alfresco Dining facilities should provide a sense of safety and security for patrons at all
times. This will be achieved through the provision of unobstructed sightlines and vistas.
Pedestrian routes of travel, including wheelchair access to ramps, must not be compromised
by Trading Furniture, including barriers or shades.
Adjoining buildings must not be compromised by restricting vehicular or pedestrian access
to, or adding unreasonable risk to emergency service personnel.
All furniture (with the exception of fixed furniture with Council approval) must be removed
from the Trading Area outside the trading hours of the Alfresco Dining operation.

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Mildura can experience significant weather changes resulting in strong winds. In the event of
a significant wind warning from the Bureau of Meteorology, all Trading Furniture must be
made secure or taken inside.
Council Local Law officers may request the removal of any furniture at any time if deemed
unsafe or in the event of an emergency.
All furniture located within the Trading Area must not have sharp edges.

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Element 8 – Management
Good management is paramount to reducing risks associated with providing Alfresco Dining.
A high standard of hygiene and cleanliness is essential to pleasant and attractive streets.
 To maintain Pedestrian Area and roadways in a manner that minimises risks and
enhances the visitor experience and streetscape considerations
Performance requirements
The permit holder shall take all reasonable precautions to prevent risk to the public and take
out and keep current for the period of the permit a Public Liability Policy of Insurance for a
minimum sum of $10 million.
All Trading Furniture or any other items should be positioned within the Trading Area
boundaries as detailed in the permit issued by Council.
The trader must maintain cleanliness and hygiene in the Footpath Area in accordance with
relevant food health and safety acts and regulations.
The trader must ensure that the Trading Furniture and the Footpath Area is clean and
hygienic at all times. This standard should be consistent with the internal retail area.
Spot cleaning must occur as required to ensure a clean and hygienic standard is maintained.
In dining areas, tables must be cleared promptly to prevent blown litter.
Cleaning and checking must occur frequently during trading hours.
All grease, stains and other marks must be immediately and completely removed from the
footpath area as soon as they occur.
Waste, scraps or litter must not be swept or washed into the gutter or drainage pits or placed
in Council’s litter bins.

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All bins owned by the Trader must be emptied daily or as necessary when full. The trader
must ensure that all litter from the Trading Area is disposed in an appropriate manner.
The trader must ensure that pedestrian clearances and safety requirements are maintained
at all times during the operation of the Alfresco Dining Area.
The trader must not prepare food or dispense beverages on the Footpath Area (eg no
cappuccino machines etc) except for special events which will require the written consent of
Council Health and Local Laws.
Tables must not be preset with cutlery, glasses or unprotected foods. This is to prevent them
from being exposed to contamination prior to use by the public.
Consideration must be given around providing smoke free environments for patrons in
outdoor areas. Where this is not considered, Trading Areas must comply with the current
Local Laws regarding smoking. During the approval stage, if the Trader wishes to allow
smoking, an Environmental Health Officer can measure the planned Alfresco Dining Area
when awnings are drawn to ensure compliance.
Where smoking in Trading Areas is permitted under the current Local Laws, ashtrays must
be provided for all tables. All ashtrays within the Trading Area must:
 Have a wind proof design
 Be emptied on a regular basis
 Not allow ash and cigarette butts to litter the area as defined in the permit
Amplified music, live entertainment and/or television broadcasts are not permitted in a
Trading Area without written consent of Council’s Local Laws.
Toilet facilities for use of customers and staff in accordance with the Building Code of
Australia during operating hours and must be within an adjacent building under the trader’s

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Sanitary conveniences for use of customers and staff must be provided in accordance with
the Building Code of Australia during operating hours.
Alfresco Dining operations that increase the seating capacity may trigger the need to obtain
planning and building approval. Preference will be given to Alfresco Dining facilities that do
not increase the total seat numbers of the Trader. This can be achieved through the transfer
of indoor seating and tables to the Alfresco Dining Area.
Consideration should be given to the permanent delineation of Trading Areas. This can be
achieved through line marking and/or aluminium survey rivets and must be undertaken in
consultation with and to the satisfaction of Council.
All Removable Furniture must be removed and the footpath kept clear to facilitate cleaning
between 1:00am and 6:00am unless otherwise stated on the permit issued by Council. This
is to allow for cleaning of the footpath areas.
If there are persistent grease or stain marks, these will be cleaned by Council. This cleaning
will be at cost to the Trader and will be billed for use of additional chemicals/labour as
Any variation to an Alfresco Dining area requires an updated Permit to be issued. This
includes changes to, but not limited to, barriers, shades, Trading Furniture etc. An
application must be submitted and approval from all relevant Council Departments is
required. If furniture is being replaced by that of similar style, design or construction, no
additional approval is necessary.

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The provisions of this policy will be implemented by Council’s Statutory Planning, Local Laws
and Engineering Services & Asset Development Departments and will be used in the
assessment of applications for Alfresco Dining facilities.
Detailed below is a summary of Council’s procedure for considering these applications.
Submit Application
Final Assessment:
Local Laws
Engineering Services & Asset
Statutory Planning
Compliance & Monitoring:
Local Laws
Litter & Waste Management
Engineering Services & Asset
Statutory Planning
Initial Assessment (as required):
Local Laws
Engineering Services & Asset
Statutory Planning

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In the Implementation of this Policy it is noted that:
1. Planning Permits and Building Permits are issued prior to the use or development
commencing and seek to minimise off-site impacts of proposals on third parties. A
planning permit applies to the land and lapses in accordance with a permit condition or
the provisions of the planning scheme.

2. Local Laws permits and Engineering Services & Asset Development approvals are
issued prior to the use and development commencing and seek to protect the public
areas and assets from unsafe and inappropriate development and works. A Local Laws
permit is usually renewed annually through Council’s Local Laws Department.

3. Planning permits, Local Laws permits and Engineering Services & Asset Development
approvals can be issued with conditions. It is envisaged that particular performance
criteria within this policy will be used to reinforce Council’s preferred operational

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Any breach of the Performance Requirements or Permit Conditions will result in the following
Step 1 Verbal warning will be issued. Compliance must be achieved within the time
requested by a Council Officer.

Step 2 Should compliance not be achieved, written notice will be issued. Compliance
must then be achieved within 7 days unless instructed otherwise by a Council

Step 3 Should compliance still not be achieved the Permit for the Alfresco Dining
Area will be cancelled. No refund will be applied and the Trader may not
apply for a permit within 2 years of cancellation.
Should an Alfresco Dining Area be operated without the necessary permit, an infringement
notice may be served and/or further action will be taken.

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Contact Information

Applications for Alfresco Dining Areas may be obtained from Council and are available on
Council’s website. The application forms are also attached at the end of this document at
Appendix B.
All Alfresco Dining Area Applications are to be addressed to:
Mildura Rural City Council
Development Services, Local Laws
PO Box 105
Mildura VIC 3502

Any queries regarding prospective Alfresco Dining Permit applications or existing outdoor
dining areas can be made by contacting the Council Customer Service on 5018 8100.
Please direct your call to the relevant department/s, which are as follows:
Council Department
Removable furniture including
barriers, umbrellas, A-Boards etc.
Local Laws
Any Permanent Fixture which is
fixed to Council property eg.
Shades/umbrellas bolted to
Building Development not exempt
from a Planning Permit. Liquor
Statutory Planning
Footpath Cleaning Waste Management
Footpath Maintenance Infrastructure Maintenance
Smoking Compliance Environmental Health

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Appendix A – Compliance Check sheet

This Compliance Check sheet is provided to assist proponents and Council in the
assessment and maintenance of Alfresco Dining applications.
Particular attention is given to assessing compliance / non-compliance against the objectives
and performance criteria of the Alfresco Dining Policy. An opportunity is also provided to
comment on any non-compliance identified through the assessment.
This check sheet provides assistance to ensure all design and performance guidelines are
being followed when applying for or maintaining an Alfresco Dining Area.
Element 1 - Location

incorporates minimum
distances for safe,
unobstructed pedestrian
access. [1.1 – 1.3]

Trading Area not extend
to neighbouring
properties unless
approved by neighbour,
Council [1.4]

Considers access
from/to disabled parking.

>10m from road corner.

Element 2 -
Streetscape and

Trading area tidy &
hygienic. [2.1]

View/vistas maintained &
not blocked by shade,
structure or furniture. [.2]

Existing street elements
remain in place and do
not require to be moved
(trees, signs, bins etc.)

Contributes to existing
landscape. [2.4]

Element 3 - Chairs
and Tables

All Trading Furniture
within Trading Area. [3.1]

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Trading Area with chairs
with backs to roadway
have barrier next to
road. [3.2]

Chairs/tables suitable for
outdoor use. [3.3]

Fixed chairs/tables have
Council consent. [3.4]

Trading Furniture in a
contemporary style,
appearance, materials,
finishes, colours. Where
style & colour do not
detract from character of
buildings/landscape. [3.5
– 3.6]

Min. 30mm diameter
rubber pads on
chair/table legs,
adjustable to suit
pavement levels. [3.7]

Portable, sturdy and
windproof furniture. [3.8]

Maximum ratio of one
table & four chairs per
(dependent on
Trading Area size). [3.9]

Additional seating may
trigger need for
additional car parking &
amenity provisions.

Chairs/tables maintained
to satisfaction of Council.

Permanently fixed
structures are property
of Council once
premises vacated. [3.12]

Element 4 – Heaters,
Fans and Lighting

Heaters AGA approved.
Fitted with auto-switch
off when tilted. [4.1]

Heater installed/checked
by registered gas fitter.

Heater and fans to
remain within the
approved Trading Area

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Adequate lighting for
pedestrian safety.
Lighting must be
permanently fixed.
Flashing/chasing lights
not to be used. [4.4 –

Element 5 - Shelter,
Shade and Barriers

Appropriate use of
shelter, shade and
barriers [5.1]

Min. 0.6m access way
from projected property
boundaries. [5.2]

Trading Area facing
building remains open.

Extension across
neighbouring property
requires consent from
neighbouring trader,
landowner and Council.
Access way provisions
along projected
boundary lines still
apply. [5.4]

Wide shop frontage
requires additional
access way/s. [5.5]

Barriers/Shade fixed to
ground require
Engineering Department
approval. [5.6]

Shades and barriers
must be within the
approved Trading Area

Energy Absorbing
Bollards (EABs).
Approval required. [5.8]

Side curtains. Approval
required. [5.9]

Planter boxes require
Local Laws approval.
Appropriate plant
species. [5.10 – 5.13]

Min. 2.5m clearance
from building and
proposed permanent
structures. [5.14]

Consent from VicRoads
(if required)[5.15]

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Element 6 -

Advertising complies
with Mildura Planning
Scheme. [6.1]

Consent from Council
required for “A-Boards”.

Trading name/logo may
be displayed on shelter,
shades & barriers within
guidelines. [6.3]

Commercial advertising
no more than 10% of
surface area of screen,
umbrella. [6.4]

Advertising not
without approval. [6.5]

No advertising on
chairs/tables. [6.6]

No advertising on
Council street furniture.

No logos/advertising on
permanent structures.

No liquor/tobacco or
other restricted
advertising. [6.9 – 6.10]

Element 7 - Hazard

Located within a safe
location in respect to
security, provision of
sightlines & safety from
vehicles. [7.1 – 7.3]

Clear pedestrian routes
including wheelchair
access ramps. [7.4]

No restriction to
adjoining buildings,
pedestrian access,
vehicular access etc.

All furniture removed
outside trading hours.

All furniture to be
removed during extreme
weather, emergency
situation, or as

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requested by Local
Laws. [7.7 – 7.8]
Furniture must not have
sharp edges. [7.9]

Element 8 -

Public Liability
Insurance. Min. $10
million. [8.1]

All items positioned as
per permit/approval.

Cleanliness and hygiene
of Footpath Area and
Trading Furniture must
be maintained in
accordance with relevant
food Acts/Regulations.
[8.3 – 8.6]

Grease, stains and other
marks must be cleaned
immediately and
completely from the
Footpath Area. [8.7]

Waste, scraps & litter to
be disposed of properly.

Bins must be emptied
daily, or as necessary
when full. [8.9]

Pedestrian clearances
and safety requirements
to be maintained at all
times. [8.10]

Prepare food internally,
not in Trading Area.

Tables to be clear & not
preset with cutlery,
glasses etc. [8.12]

Comply with current
Local Laws in regards to
smoking. [8.13]

Where smoking is
permitted, ashtrays must
be windproof, emptied
regularly, and no
ash/butts to litter the
area. [8.14]

Permission required for
amplified music, live
entertainment, television
broadcasts etc. [8.15]

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Provision of toilet
conveniences. [8.16 –

Increase in seating
capacity may require
planning permit. [8.18]

Trading Area delineated
by line
marking/aluminium rivets
in consultation with
Council. [8.19]

All removable furniture
removed from Footpath
Area between 1am and
6am unless approved by
Council. [8.20]

Persistent grease/stains
cleaned by Council at
cost to Trader [8.21]

Variation to Trading
Furniture, Permanent
Fixtures or Permanent
Structures requires re-
application of Permit
Council [8.22]

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Appendix B – Application Form
Only this Application Form and related documents need be returned with application. The Alfresco
Dining Policy document may be kept for future reference.
Contact Information





The permit holder agrees to indemnify and keep indemnified Council, its servants and
agents, and each of them from and against all actions, costs, claims, charges, penalties,
demands and damages whatsoever which may be brought or made or claimed against them,
or any of them, arising out of or in any way related to the granting of this permit and be
directly related to the negligent ads, errors or omissions of the permit holder.
The Permit is only valid subject to compliance with the elements laid out in the Alfresco
Dining Policy. Any variation will cause the permit to be invalid and will be revoked.
Permit is not transferable.
Permit and proof of insurance is to be available for inspection at the request of an Officer of
Alfresco Dining Permits are granted annually and expire on 31 August of each year.

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Permit fees are payable and set by Council. Please contact Local Laws for current fees
Trader must have an appropriate Waste/Litter Management Plan or be aware of their
responsibilities in regards to waste, litter and maintaining a clean Footpath Area as outlined
in the Alfresco Dining Policy. If Footpath Area is not cleaned to an acceptable standard by
the Trader, cleaning fees payable to Council may be applicable.
All Removable Furniture must be removed by 1am and must not be placed on the footpath
prior to 6am.
Failure by the Trader to comply with the conditions shall result in Council exercising its rights
to revoke the permit and to impound facilities.
If Trader places equipment on the footpath or road without a permit may be issued an
infringement notice and the equipment may be impounded. A fee must be paid to Council
before any items are released.
Council may revoke a permit at any time if the behaviour of patrons using an outdoor facility
becomes rowdy, offensive or otherwise disruptive of the quiet use and enjoyment of the
Footpath Area or Road.
By signing and submitting this application you agree to have read and understood all the
conditions laid out in this Policy.

Included With This Application:
Proof of Public Liability Insurance
Details of any structures or fixtures which are planned to be fixed to the Footpath
Area and details regarding how they are to be fixed.
Plan of Proposal which:
 Is drawn to scale
 Shows the placement of any permanent or removable barriers, shade structures or
other constructions within the Trading Area
 Show the approximate placement of all Removable Furniture, including the
placement of any heaters and fans, within the Trading Area
 Shows dimensions of Footpath Area, distances from kerbs, distances from
neighbouring properties, shopfront distances and dimensions, dimensions of the
proposed Trading Area, distances and relationship to adjacent or nearby pedestrian
crossings, and any other dimension or item which is relevant to the proposal, as any
approved permit will only apply to what has been detailed in this application

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Details of Application
What does the proposal seek to place on the Footpath Area? Barriers, Umbrellas, Chairs,
Tables, Removable Furniture, fixed etc. (Photos or examples of furniture may be included if
required. The approximate placement of these items must also be shown on the plan

Will the furniture be removed from the Trading Area between the
hours of 1am and 6am?

Will alcohol be served in the Alfresco Dining Area?

Does the Business/Trader have a Waste/Litter Management Plan? YES / NO
If NO, please ensure that the policy is read and the requirements
understood. These requirements form part of the conditions for
Permit approval.
If YES, please ensure that Plan is in line with Alfresco Dining Policy
waste and litter guidelines.

Have any other authorities been contacted in regards to this Alfresco
Dining Permit Application? Eg. VicRoads, Local Police etc.
If YES, which authorities?

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Office Use Only
Application No.:
1. Local Laws
Signed Date
Approval Not Required
Document/s Attached

2. Engineering Services & Asset Development
Signed Date
Approval Not Required
Document/s Attached

3. Statutory Planning
Signed Date
Approval Not Required
Document/s Attached
Return to Local Laws when all sections completed.