Council supports the concept of Alfresco Dining on footpaths adjacent to cafes, restaurants, tearooms etc provided the general public are not inconvenienced and health and safety requirements are complied with.

The Council’s Town Planning Scheme policy relating to Alfresco Dining and the Information sheet on Planning Approvals are relevant documents that should be studied for further information. An application for Planning Approval must be made and approved by the Council before any Alfresco Dining commences. The application will be advertised for public comment before being determined.

Applications must be accompanied by plans, drawn to scale, indicating the number and location of proposed tables, chairs and any other proposed and existing structures, and their relationship to the building in which the eating house is located. For renewal purposes, current photographs will be accepted.

Approvals will be time limited to twelve months. Alfresco dining areas will therefore require annual renewal and are likely to include the following conditions:

• Structures associated with alfresco dining areas may only be fixed to the footpath or to any other structures with the approval of Council. Structures and furniture must be stable under windy conditions and provision made for out of sight storage when not in use.
• The operator shall not prevent the public from using the alfresco area, whether paying customers or not.
• The operator shall keep the alfresco dining area clean and free from rubbish to the satisfaction of the Council.
• The alfresco area is to be designed to accommodate disabled access.
• The exits from adjoining buildings are not to be impeded by the operation of the alfresco area.
• Street furniture, trees or services shall not be moved or modified without the prior approval of the Council. All costs associated with any such works will be totally at the applicant(s) expense.
• Adequate insurance arrangements, to the satisfaction of the Council, for public liability insurance cover of not less than five million dollars in respect of any one event to provide Indemnity in respect to both injury to persons and damage to property.

Alfresco dining fees will be set annually as part of the Council’s budget process. Fees will include the planning application fee and annual fees per square metre of footpath or public way occupied by the alfresco dining area.

For further details, please contact the Environmental Health Officer on 9622 6131 or email health@northam.wa.gov.au.