Attachments of Ordinary Council Meeting

Hornsby Shire Council

Attachment to Report No. GM2/09 Page 1

2008/2009 PLAN

ACTIONS

CURRENT STATUS

A) Items to be completed within the first half of the 2008/09 Plan

Audit Council’s Appointment Procedures of Contractors and Consultants.

50% Completed.

Audit Controls on accuracy of Personnel Records.

Not yet commenced.

Audit of the Accounts Payable Sub-System

Not yet commenced

B) Other Items

Assist as a member of Council’s Child Protection Committee in regard to allegations made.

Completed.

Report submitted to the NSW Ombudsman for consideration. Recommendations provided by external investigation provider adopted.

Processing of the RTA DRIVES system compliance audit.

Completed.

The audit was conducted within the guidelines and provisions of the associated RTA user agreement.

Audit Petty Cash and Advance Account Procedures

Not yet commenced.

Audit Council’s Planning Procedures

Not yet commenced.

Review of Code of Conduct and assist in conducting a Code of Conduct staff training program during 2009.

Review completed per General Manager’s report GM14/08.

Staff training scheduled for 2009.

Review and monitor Council’s response to all external Audit recommendations that are received on a six monthly basis.

Ongoing.

2008/2009 PLAN (Continued)

ACTIONS

CURRENT STATUS

Other Items (Continued)

The inclusion of any requests for audits lodged by Executive Managers within their Divisions.

Ongoing.

Co-ordinate the production of Council’s Organisational KPI’s.

Completed.

Processing and production of all Council staff delegations.

Ongoing.

Delegation maintenance is processed on a weekly basis.

Audit projects as requested by the General Manager.

Ongoing.

Conduct monthly “Fraud & Corruption Awareness” training sessions for new Council staff members as part of Councils “Fraud Prevention Strategy”.

Completed.

IA conducts staff fraud and corruption awareness workshops on a monthly basis in conjunction with the Human Resources Branch induction program.

Budget co-ordination within the General Manager’s Division.

Completed.

Review of the sale of abandoned vehicles process.

Not yet commenced.

Review and risk assessment of internal controls associated with the processing of electronic parking infringement notices.

Not yet commenced.

2008/2009 PLAN (Continued)

C) Additional Items

incorporated since the last report

Assist as a member of Council’s Child Protection Committee in regard to allegations made.(second case)

Completed.

Report submitted to the NSW Ombudsman for consideration.

Assist in an investigation into the disappearance and subsequent return of staff cash at the Hornsby Aquatic Centre.

Completed.

The ICAC were advised of the result of the investigation.

Assist in the conversion of Council’s delegations register from Lotus Notes to Council’s electronic records system (TRIM).

Completed.

Assist the RTA in their compliance audit of Council’s DRIVES access agreement.

Completed.

Audit of Council’s two credit card accounts.

Completed.

Conduct of an election to fill one vacancy for an employee representative on the Council’s Consultative Committee.

Completed.

Preparation of data regarding the conversion of Council’s audit register from Lotus Notes to Council’s electronic records system (TRIM).

Preparation completed.

Assist in the review of delegations in regard to approval of overtime.

Completed.

Hornsby Shire Council

Attachment to Report No. CC13/09 Page 135

HORNSBY MALL STRATEGIC MANAGEMENT PLAN

KEY ACTIONS QUARTERLY UPDATE REPORT

AS AT 30 NOVEMBER 2008

Notes:

1. Initial 12 month operational plan items shown in bold and italics

2. 12 month operation plan (adopted by Council at the 12 December 2007 Ordinary Meeting) items shown in normal font

3. Shaded rows indicate completed key actions

STRATEGY ONE: LEADING HORNSBY MALL INTO THE FUTURE

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
1.1 (Priority One)	Establish Hornsby Mall Leadership Group	Medium term (6 months to 2 years)	Council resolved in August 2006 (see Report CC 59/06) to act as interim Leadership Group.	No financial implications identified to date.
*1.2*	*Establish Hornsby Mall Leadership Group Taskgroups*	*Medium term* *(6 months to 2 years)*	*Strategy 4 taskgroup - A Beautiful Hornsby Mall – actions are dependent on funding opportunities identified in Council’s 2007-2011 Section 94 Plan.* *Formalisation of taskgroup will be dependant on contributions received under the above Plan and investigation of other possible funding sources.*	*No financial implications identified to date.*
1.4 (Priority Two)	Develop a financial management plan for sustainable funding solutions	Medium term (6 months to 2 years)	Plan to be developed for respective key Actions following the establishment of the four taskgroups. At this point in time only three taskgroups have been established.	No financial implications identified to date.

STRATEGY TWO: A VIBRANT HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
*2.1* *(Priority* *Four)*	*Image campaign*	*Short term* *(0 to 6 months)*	Due to ongoing resourcing issue associated with the completion of the Market survey, this matter to be discussed at the February 2009 Taskgroup meeting. Anticipate completion during the first half of 2009.	*No financial implications identified to date.*
*2.3*	*Events & entertainment program*	*Short term* *(0 to 6 months)*	At the June 2008 Taskgroup meeting a twelve month entertainment plan to operate from September 2008 involving weekly, fortnightly, monthly activities was adopted. Activities will also be planned to celebrate annual seasonal/ community wide recognised events.	*No financial implications identified to date.*
2.4	Small business joint marketing venture	Medium term (6 months to 2 years)	Due to difficulties experienced in finalising “Mall Passport” design matter was not considered at November 2008 Task Group meeting. Anticipate design will be available for consideration of Task Group in early 2009.	No financial implications identified to date.

STRATEGY THREE: A SAFE AND CLEAN HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
*3.1* *(Priority* *three)*	*Hornsby Mall Ambassadors*	*Medium term* *(6 months to 2 years)*	*General Manager has requested that the revised resourcing proposal be held in abeyance until matter is discussed at Councillor’s Strategic Planning weekend in March 2009.*	*To be funded by reallocation of funds within existing Hornsby Mall operating budget*
3.4	Monitoring	Medium term (6 months to 2 years)	At the November 2008 Ordinary Meeting (see Report CC 96/08) Council allocated additional funding to enable the development of a Community Safety Plan. Appointment of preferred consultant to occur in the near future with Plan anticipated for completion by September 2009.	Council at the November 2008 Ordinary meeting allocated additional funding for the completion of the Community Safety Plan.
*3.5*	*Youth Initiative*	*Short term* *(0 to 6 months)*	*Two members of Youth Committee appointed as youth representatives and will now attend monthly Safety Group Meetings from June 2008 to assist in the development of suitable youth initiatives.*	*No financial implications identified to date.*
3.6	Education Programs	Medium term (6 months to 2 years)	Due to changes in management at the Hornsby and District Chamber of Commerce and Industry planned November meeting did not occur. Council officers to arrange a meeting with the new President in early 2009 to identify strategies that would encourage greater participation and awareness of the “Biz Safe” program.	No financial implications identified to date.

STRATEGY FOUR: A BEAUTIFUL HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
4.1	Beautification of entrances	Medium term (6 months to 2 years)	Submission to be made as part 2009/2010 budget preparations for allocation of funds from 2007-2011 Section 94 Contributions Plan.	Funding identified in 2007-2011 Section Contributions Plan.
4.2	Improved signage	Medium term (6 months to 2 years)	No action implemented at this point in time.	No financial implications identified to date.
*4.3*	*Landscaping*	*Short term* *(0 to 6 months)*	*Action to commence following establishment of Strategy Four taskgroup.* *Provision made in Section 94 Contributions Plan 2007-2011.*	*No financial implications identified to date.*
*4.4*	*Public Seating*	*Short term* *(0 to 6 months)*	*Action to commence following establishment of Strategy Four taskgroup.* *Provision made in Section 94 Contributions Plan 2007-2011.*	*No financial implications identified to date.*
4.5	Community Art	Medium term (6 months to 2 years)	Draft Public Art Policy developed. Report to be provided for Council’s consideration in early 2009. Matter to be held in abeyance until adoption of Public Art Policy.	No financial implications identified to date.

STRATEGY FIVE : DOING THE BUSINESS IN HORNSBY MALL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
5.1	Sustainable business practices	Medium term (6 months to 2 years)	Currently being implemented in line with the framework associated with Council’s Sustainable Business Strategy 2007-2010 and Economic Development Strategy 2007-2011.	No financial implications identified to date.
5.2	Shop front improvements	Medium term (6 months to 2 years)	Pilot program implemented over Christmas 2007 to encourage shop front improvements in partnership with Hornsby & District Chamber of Commerce and Industry Inc.	No financial implications identified to date.
5.3	Business Development Program	Medium term (6 months to 2 years)	Funding allocated within 2008/09 Budget. To be implemented through integrated interdivisional workplans.	No financial implications identified to date.
5.4	Targeted tenancy strategy	Medium term (6 months to 2 years)	Business profiling undertaken in partnership with Hornsby & District Chamber of Commerce and Industry Inc.	No financial implications identified to date.
5.5	Inward investment	Long term (2 years to 5 years)	Currently being implemented in line with the framework associated with Council’s Economic Development Strategy 2007-2011.	No financial implications identified to date.
5.6	Local loyalty program	Medium term (6 months to 2 years)	No action implemented in respect of this action at this point in time.	No financial implications identified to date.
5.7	Integrating Hornsby Town Centre	Long term (2 to 5 years)	Funding allocated within 2008/09 Budget. Interdivisional workplans to be developed that will address this action in line with Council’s Economic Development Strategy 2007-2011.	No financial implications identified to date.

STRATEGY SIX: A HORNSBY MALL THAT FUNCTIONS WELL

Action No.	Action Description	Original Timeframe	Action to date	Financial Implications
*6.1* *(Priority* *Six)*	*Leasing of Public space*	*Short term* *(0 to 6 months)*	*Review of the Hornsby Mall Code still progressing. Completion now expected by June 2009.*	*No financial implications identified to date.*
*6.2* *(Priority* *Six)*	*Licences for public space*	*Short term* *(0 to 6 months)*	*Review of the Hornsby Mall Code still progressing. Completion now expected by June 2009.*	*No financial implications identified to date.*
6.3	Vehicle Access	Medium term (6 months to 2 years)	To be considered as part of the review of the Hornsby Mall Code currently being undertaken under 6.1 and 6.2 above.	No financial implications identified to date.
*6.4*	*Outdoor Dining Code*	*Short term* *(0 to 6 months)*	*Council at the 12 August 2008 Ordinary meeting adopt the revised Hornsby Mall Outdoor Seating Code.*	*No financial implications identified to date.*
6.5 (*Priority* *Six)*	Permanent Markets	Medium term (6 months to 2 years)	To be considered as part of the review of the Hornsby Mall Code presently being undertaken under 6.1 and 6.2 above.	No financial implications identified to date.

Hornsby Shire Council

Attachment to Report No. ST1/09 Page 157

1. INTRODUCTION. 3

2. DEFINITIONS. 3

3. PURPOSE. 3

4. OBJECTIVES. 3

5. LEGISLATIVE PROVISIONS. 4

6. LOCATION REQUIREMENTS. 4

a) Precincts. 4

b) Maintaining Footpath Widths. 5

c) Access. 5

d) Existing streetscape elements. 5

e) Circulation, safety, health and convenience. 6

f) Suitable locations. 6

7. FURNITURE REQUIREMENTS. 7

a) Perimeter Barricades (excluding Bollards) 7

b) Bollards. 7

c) Signage/Advertising. 7

d) Lighting. 8

e) Public Assets. 8

f) Public Health & Safety. 8

g) Smoking. 9

h) Heating. 9

i) Umbrellas. 9

j) Furniture Style. 9

8. APPLICATIONS AND APPROVALS. 10

a) Applications. 11

b) Application requirements. 12

c) Notification and approval 12

d) Conditions. 12

e) Approval fee. 12

f) Renewal of Approval 12

9. APPENDIX A – Precinct specific requirements. 13

1. INTRODUCTION

This code aims to permit the establishment of business opportunities and to create a more vibrant and cosmopolitan atmosphere in the commercial centres of Hornsby Shire.

This code establishes Council's statements and principles when dealing with applications for use of the public footpath for outdoor dining. The code applies to a range of businesses including cafes, restaurants and sandwich shops which meet the definition of “restaurant” under the Roads Act, 1993.

The code will allow the approval of business use of footpath areas for dining purposes; which may include tables, chairs, shade structures, and planter boxes adjacent to businesses where there is adequate footpath width for pedestrian circulation. Provisions for other uses such as street stalls, newspaper stands, A-frames, etc. are not subject to this code.

2. DEFINITIONS

Approved Operator:

The proprietor of a restaurant/take away/cafe who has been granted an approval by Hornsby Shire Council to operate an outdoor dining area.

Footway:

That part of a road as is set aside or formed as a path or way for pedestrian traffic.

Furniture:

Any movable or fixed manufactured item to be used in association with the outdoor dining area.

Outdoor dining area:

A restaurant the subject of an approval under Section 125 of the Roads Act 1993.

Restaurant, Café, Food outlet:

Premises in which food is regularly supplied on sale to the public for consumption on the premises.

3. PURPOSE

The purpose of this code is to enable business use of the footpath in areas adjacent to business premises for the purposes of eating food and to ensure a pleasant and safe environment for shoppers and patrons without compromising the safety or amenity of the public domain or pedestrians using the public footpath or adjoining public spaces.

4. OBJECTIVES

The objectives of this code are as follows:

· To promote a high quality visual environment.

· To support local economic development and commercial vitality.

· To ensure outdoor dining contributes to the improvement (ie. function and safety) of the streetscape.

· To ensure that pedestrians and other forms of traffic are not unduly obstructed by outdoor dining.

· To ensure that outdoor dining contributes to the amenity of adjoining or nearby properties.

· To ensure outdoor dining is compatible with other community uses of public space.

· To ensure that Council clearly communicates its desires and responsibilities for outdoor dining across the LGA and that the controls are easily understood and regulated.

5. LEGISLATIVE PROVISIONS

The Roads Act 1993 and the Local Government Act 1993 generally require that a person shall not carry out any activity on a public road or place without the approval of Council.

Sections 125, 126 and 127 and in some cases Sections 137-139 of the Roads Act 1993 allow Council to approve the use of a footpath for restaurant purposes, as long as using the footpath for this purpose is not taken to constitute a public nuisance and does not give rise to an offence against the Roads Act or any other relevant legislation.

Section 68 of the Local Government Act 1993 allows Council to approve the placing of articles on or to overhang the footpath. Sections 137-139 of the Roads Act, 1993 address legislative requirements for Street Vending activities.

Other relevant legislation includes the Food Act 2003 and Food Standards Code.

6. LOCATION REQUIREMENTS

This code applies to footpaths and roadways, public plazas and public squares excluding the Hornsby Mall, under the ownership or management of Council, which would ordinarily be used by the public for pedestrian movements or recreation across Hornsby Local Government Area. This code also applies to any privately owned and managed spaces to guide and achieve consistency between the public and private domain.

It applies to all outdoor seating areas where food and beverages are served and the approval process requires an application for permit to occupy. Please note that some conditions differentiate between the Hornsby Mall and the rest of the Hornsby Local Government Area, as the Hornsby Mall is excluded from this code.

a) Precincts

For the purpose of this code, the Hornsby Shire has been segmented into various precincts for the assessment of business use of the footpath. This segmentation reflects local conditions, opportunities and constraints.

The precincts are described with specific requirements in Appendix A.

`````

b) Maintaining Footpath Widths

To ensure that access and equity objectives are met, there will be a minimum width for pedestrian circulation as detailed in the precinct guidelines (Appendix A). This will be at least 2 metres continuously maintained for the clear passage of footpath users. Council may on merit of the situation consider variation to this standard where the applicant can show that the proposal is consistent with the surrounding environment, adequate pedestrian circulation is maintained or that agreement has been obtained from the Hornsby Council Access Committee. Where the remaining width for pedestrians is less than 2 metres, suitable handrails or appropriate barricades shall be installed along the kerbside as per Council’s requirements to improve safety for all.

c) Access

Minimum public access along the footpath shall be 2 metres and this must be left in a clear and consistent lane along the kerb line or building line as determined by Council. If outdoor dining is to be located adjacent to the kerb, then a clear space of 600 millimetres is to be maintained behind the kerb to allow for parked vehicles to open kerb side doors.

Business use of footpath areas is permitted, with the approval of Council, on footpaths immediately adjacent to the shop front in locations that do not cause an impediment to other footpath users. For corner shops or those that have more than one street frontage, Council may consider having separate permits for each part of the footpath, together with different permissible operating hours to address the extent of use and minimise impact on the surrounding environment and local amenities.

Business use of footpath areas or use of shade structures may be prohibited or restricted, in locations where they obstruct the clear view line of pedestrians or motorists. Clear view lines allow pedestrians to view on-coming traffic and motorists to observe pedestrian movements.

Extension of an outdoor dining area where permitted by Council must be directly linked to the current outdoor dining permitted area, except where the alignment of parking spaces prevents this. Extension of outdoor dining beyond the principle premises is dependant on permission being granted from the operator and the property owner of the adjacent business. Should that permission be withdrawn, or the adjacent business change operation, approval will be withdrawn, and outdoor dining must be removed immediately. All structures must be removed at the cost of the permit holder.

Where Council is the adjoining landlord (eg. a laneway); only half the space will be permitted to be used by the neighbouring restaurant. This will be required unless the landowner on the opposite side of the laneway consents to the use of the entire footpath area. Where an extension of the outdoor dining area has been granted, the permit holder must take responsibility for any liability issues that are associated with the outdoor dining area.

d) Existing streetscape elements

Whenever possible, an outdoor dining area should visually relate to and be physically aligned with, existing features and permanent elements of the streetscape and landscape such as trees, landscaping features, lighting, bollards, etc.

e) Circulation, safety, health and convenience

In suitable locations a free space of not less than 2 metres in width is to be maintained between the adjoining restaurant and the approved outdoor dining area to ensure safe circulation of pedestrians and those users of mobility aids such as walkers and scooters.

It is essential that outdoor dining areas are kept clean and tidy; that care is taken to ensure that food is handled and presented in a hygienic manner; and that appropriate public risk insurance is in place, which indemnifies Council’s interests. As with any restaurant or eating facility, the approved outdoor footway area is subject to the Food Act 2003 and Food Standards Code. In particular an approved operator will be required to actively discourage patrons from feeding birds within the outdoor dining area. This may be achieved by the inclusion of the words “Do not Feed Birds” on menus or other similar material.

When the outdoor dining area is not in use by the approved operator, all moveable furnishings are to be removed and the approved area shall be made available to the public for normal pedestrian use.

f) Suitable locations

In accordance with Section 125 of the Roads Act 1993 outdoor dining areas for commercial use may be approved where conditions are favourable for their operation. Applicants will be required to take public safety, pedestrian and other relevant needs into consideration to ensure that no unreasonable pedestrian hazards will be created in using any part of the footway as an outdoor dining area.

Outdoor dining areas must not adversely impact on:

• Designated Fire Exits and Fire Hydrants.

• Emergency Access Areas/routes.

• Public Utility Infrastructure.

• Pedestrian thoroughfares.

• Pedestrian /vehicular movements.

The following issues also need to be considered when determining the location of an outdoor dining area:

• Ground Surface is suitably constructed and sufficiently level with a gradient of less than 1 in 15.

• The outdoor dining area is located directly in front of a restaurant.

• The outdoor dining area does not obstruct access to public utilities.

• The outdoor dining area will not cause any obstruction to signage located within the Mall.

• Power and light poles, Street Litter Bins, Post Office Boxes, and Fixed Signage are specifically excluded from any outdoor dining area.

7. FURNITURE REQUIREMENTS

a) Perimeter Barricades (excluding Bollards)

• Outdoor dinning areas must be easily accessible from the public footway and must present an open and inviting image to entice participation. Planter boxes may be used to physically define the perimeters of the outdoor dining area. Enclosures should be kept to a minimum. Barricades, safety rails, bollards, etc. may be permitted where required for safety reasons. All traffic safety barriers must be provided in accordance with Australian Standard 3845.

• The use of framed fabric or any other style of low-height barriers, including planter boxes within the public domain must be carefully designed and selected to ensure minimal impact on the use, enjoyment and safety of pedestrians and patrons. Barriers may be considered between adjoining café areas to have clear demarcation between business activities. Barriers must be removed from the footpath when the business is not open. Barrier screens must not be used as an opportunity for advertising. Products, specials or sales may not be displayed on the screens. Pedestrians should not be forced onto the road carriageway by outdoor dining activities or other non-permanent items/structures on the footpath.

• Planter boxes may be considered in open areas, such as plazas or footpath widening sections which are separated from the main pedestrian desire lines. The planter boxes must be well-maintained by the permit holder. Council reserves the right to order the removal of planter boxes that are not properly maintained including the consistent provision of approved high-quality flowers or vegetation. Permanent planter boxes will only be considered on footpath areas where the footpath has been widened for specific business use.

• When the business use is approved on the building line, suitable solid high contrast barriers should be installed on either side of the area being used for a business purpose. The height of any solid barrier should be between 900 millimetres and 1.2 metres in height. Solid barriers may be in the form of planter boxes containing vegetation to a total height between 900 millimetres and 1.2 metres.

• Any proposed transparent solid barrier (such as Perspex) should comply with AS 1421.1 Access and Mobility and should be clearly marked for the full width with a contrasting line.

b) Bollards

• Barricades, safety rails, bollards, etc. may be permitted where required for safety reasons. All traffic safety barriers must be provided in accordance with Australian Standard 3845.

• Bollards are to be placed between planters parallel to the kerb, 600 millimetres behind the kerb. Bollards and concrete footings are to be installed in accordance with the manufacturer’s specifications and recommendations.

c) Signage/Advertising

The following controls apply to all advertising/signage to be displayed on the footpath.

• Signage is permitted only on umbrellas.

• Only one sign is permitted per umbrella.

• Signage on umbrellas must relate to the business to which they serve. The signage may include the business name, an associated corporate name (logo) or product. For example, a café may have an umbrella sign which advertises their business name OR a coffee manufacturer OR the particular type of coffee sold at the premises.

• Signage on each umbrella must be consistent with all other umbrellas on the permitted area.

• No other signage will be permitted on any other structure on the footpath. This includes signage on furniture, barricades or A-frame signs.

d) Lighting

Any proposed lighting must be included in the application for approval by Council and be in accordance with the relevant Australian Standards and Council's Development Control Plan – Signs and Advertising Structures.

e) Public Assets

The removal/relocation of any Council assets, such as rubbish bins, existing street furniture and planter boxes, shall be subject to Council approval and will be at the applicant’s cost.

The removal/relocation of any public utilities/infrastructures, such as the RTA's traffic control boxes, Sydney Water's drainage /sewerage pits, Telstra's telephone boxes, shall not be permitted unless justification on public benefit can be made to Council and approvals have been obtained from the relevant authorities. Works will be carried out at the applicant’s cost.

Access required by public utilities will require restoration to pre-work standards and be at no cost to Council.

f) Public Health & Safety

Each applicant is responsible for the cleanliness and tidiness of the area in front of the premises and the immediate surrounds used for outdoor dining. Tables must be cleaned of food scraps immediately after customers leave so as not to attract birds or vermin. All debris must be swept up and disposed of appropriately.

All spills must be attended to immediately.

The applicant is responsible for maintaining and storing all furniture items and this is to ensure that the furniture is kept neat, tidy and clean when in use. After close of business, all furniture must be removed from the footpath area and the area should be swept and stains removed.

Note: Debris must not be swept into the gutter. This action constitutes a pollution offence for which penalties may be incurred.

Where waste receptacles are provided on the footpath for the collection of disposable eating utensils it is the responsibility of the applicant to ensure that the receptacles are covered so as not to attract birds or vermin, are cleaned to ensure no odours are produced, and are removed after close of business. All waste from the receptacles must be disposed of by the applicant in the approved waste collection facility associated with the premises.

Note: Waste from receptacles must not be disposed of by the applicant in Council provided street litter bins.

g) Smoking

Smoking is NOT permitted in any area which is covered or substantially enclosed as defined in the Smoke-free Environment Act 2000. The designated smoking area associated with footpath dining must have at least 3 sides open; this includes areas which have plastic drop down sides.

h) Heating

Any heating proposed for use in conjunction with an outdoor dining area must be to Council’s satisfaction, to ensure the safety and amenity of patrons and the general public and be incorporated in the details provided with the outdoor dining permit application.

Free standing heaters located within outdoor dining areas must comply with Australian Standard AS 1596 (storage and handling) and AS 4565 Patio Heaters and must be certified by the Australian Gas Association. When not in use the free standing heaters are to be removed from the approved outdoor dining area.

Heating devices must be contained wholly within the outdoor dining area and are to be positioned and secured to ensure that they will not cause any injury to patrons or pedestrians. All heating devices shall possess automatic turn off devices in the event of overturning.

Direct access to the gas mains and use of electrical extension cords are not permitted. All costs associated with the provision of outdoor heating shall be borne by the applicant.

i) Umbrellas

Umbrellas are appropriate for providing shade and shelter in exposed locations. The main factor to be considered in respect of the installation of umbrellas within an outdoor dining area is that they must have mechanisms to ensure that they are at all times securely fixed to withstand wind. While the installation of permanent umbrellas is desirous, Council will give consideration to the installation of temporary umbrellas in areas where permanent umbrellas are not practical. All umbrellas shall not extend beyond the approved outdoor dining area.

Temporary umbrellas must be a combination of powder coated or polished aluminium, brushed or stainless steel, stained or painted timber, canvas or plastic. Temporary umbrellas must be removed or closed in extremely windy conditions. The underside of the umbrellas must be a minimum of 2 metres above the ground.

j) Furniture Style

Tables and chairs must be powder coated or polished aluminium, brushed or polished stainless steel, stained or painted timber, or a combination of these materials Note: Plastic resin or other lightweight material will not be permitted. The use of mismatched tables and chairs will not be permitted. The tables and chairs must be of the same “family group” to ensure visual unity and enhancement of the surrounds.

Outdoor furniture should make a positive contribution to the street environment. A furniture style that is practical and elegant and integrates well with the surrounding streetscape is encouraged. The furniture must fold or stack for storage, and be readily removed and stored within the associated indoor premises. All furniture items will be subject to Council’s approval. Favourable consideration may also be given to well designed, creative, and individual alternatives. Furniture colour schemes must form part of any application. Furniture for outdoor dining is required to meet the following criteria:

Structure

The furniture should be strong, durable, waterproof and weather resistant, designed for commercial outdoor use. The design must not contain parts that are likely to cause damage to the pavement. Public safety and comfort must be considered. Sharp edges, and hinges or other moving parts must not present a potential hazard to patrons or pedestrians.

Materials and colours

Tables, chairs, and umbrellas may be powder coated or polished aluminium, brushed or stainless steel, natural or painted timber or canvas. Suitable colours are natural, camel, terra cotta, brunswick green or black. Dark colours are recommended and surfaces such as table tops must be non-reflective. White table surfaces, chair seats and backs are discouraged due to the tendency for rapid deterioration and discolouring in the urban environment.

8. APPLICATIONS AND APPROVALS

The following are standard conditions that are applied to approvals for all outdoor dining use of the footpath. Additional requirements for each precinct will be in accordance with section 6a.

1. This approval is for the use of the footpath adjacent to xxxxxxxxxxxxxx for the term of twelve (12) months. The standard requirements, terms and conditions contained in the permit are to be the conditions of the approval. The term of approval may be extended yearly at Council’s discretion.

2. This approval is subject to the applicant and its guarantors if the applicant is a company, entering into an agreement attached to this approval which when executed by the applicant, any guarantors and Council will constitute a permit to occupy and use the approved footpath area.

3. The permit holder must pay to the Council on or before the Commencement Date a Bond by a bank cheque or bank guarantee. The Council may use the Bond to make good the cost of remedying any breach of this permit by the permit holder. The permit holder must replace any amount used by the Council within 14 days of demand.

4. The requirements, terms and conditions contained in the permit are conditions of this approval including the provision of paying permit fees by one full payment of cash or cheque upfront or paying the permit fee quarterly by direct debit. A failed direct debit may incur an administration fee in accordance with Council’s Schedule of Fees and Charges

5. Tables and chairs are not to be placed outside the approved area under any circumstances.

6. The outdoor furniture shall not pose any potential safety hazard, especially with sharp edges or moving parts, to passers-by, patrons, or employees. The furniture shall be firmly secured to avoid risk of moving and falling over in windy conditions or other circumstances. The furniture shall be removed in high wind conditions.

7. The outdoor furniture shall be stackable, foldable or easily dismantled so that it can be removed and stored away.

8. Appropriate footpath service shall be provided which includes as a minimum the removal of any dirty plates, cups, cutlery, footpath staining, and rubbish on a regular basis during each operating day. As such the area and its surrounds shall be maintained in a clean, tidy and hygienic state.

9. Paper, foam or plastic plates, cups and cutlery shall not be used for footpath outdoor eating areas. The selling of any alcoholic or intoxicating liquor is only permitted in the public/footpath area if the appropriate licence from the State Liquor Licensing Authority has been obtained and the area has not been designated an alcohol free zone.

10. No business or financial transactions shall be carried out on the footpath. Such activities shall be carried out wholly within the confines of the premises. This does not include the giving and taking of bills, and associated tips and change.

11. No part of the footpath shall be used as a permanent storage place for any item/s.

12. Where possible, the applicant must provide access in accordance with AS 1428 for people with disabilities to 20 percent of furniture used for outdoor seating.

13. No advertising signs (including menu boards) are permitted on the footpath area without Council’s consent.

14. Any aluminium furniture shall have a powder coated or polished finish.

15. Food – Only pre-packaged food stored 700 millimetres above the footpath which is NOT potentially hazardous as defined by the Food Standards Code may be placed on the footpath area.

16. Noise - Amplified music is permitted in business use of footpath areas, providing it is recorded music and played at not more than 5dba above background noise level and properly licensed. Any amplified music or noise generated from the use of the footpath area is to comply with the Protection of the Environment Operations Act – Noise provisions and be approved by Council.

17. Smoking is NOT permitted in any area which is covered or substantially enclosed as defined in the Smoke-free Environment Act 2000. The designated smoking area associated with footpath dining must have at least 3 sides open; this includes areas which have plastic drop down sides.

18. Access for service authorities may be required from time to time. No rebate of Council’s fees shall apply unless the area is disrupted for more than 2 weeks in a year.

a) Applications

Proprietors operating an outdoor dining area are required to obtain the necessary permits from Council. In most cases an applicant will be required to obtain consent and a Form of Approval granted in accordance with Section 125 of the Roads Act 1993.

Applicants will be required to complete an “Outdoor Dining Application Form” and submit the completed application form together with the relevant plans to:

The General Manager

Hornsby Shire Council

PO Box 37

HORNSBY NSW 1630

Enquiries regarding the operation of this Code may be directed to the Manager, Commercial Property, during business hours on telephone 9847 6589.

All costs associated with completing and lodging the necessary applications are to be met by the applicant.

Any outdoor dining area intending to serve alcohol requires a separate licence under the Liquor Administration Board, Office of Liquor, Gaming and Racing telephone 9995 0750.

b) Application requirements

Applicants need to provide the following with their completed application form:

• Photographs of all of the proposed furniture.

• A clear scaled plan of the area proposed for use as an outdoor dining area including defined boundaries and existing infrastructure such as trees and surrounds, power & light poles, rubbish bins etc.

• A clear scaled plan of the proposed layout and orientation of the tables and chairs.

• Details of any other furniture elements proposed for inclusion in the outdoor dining area (eg. lighting, heating, umbrellas, planter boxes etc)

• Fees if applicable, in accordance with Council’s Schedule of Fees and Charges.

c) Notification and approval

Council will notify the outcome of the application for approval to operate. Where appropriate, the application may be referred to the Traffic Committee for comment on the possible impact of the proposed operation on emergency vehicle access and other authorised traffic movement. The term of an approval will be limited to twelve (12) months.

d) Conditions

The applicant must comply with the conditions set out in the permit and the consent.

e) Approval fee

There is an approval fee for the use of an outdoor dining area, charged per square metre per annum, based on market valuation in accordance with Council’s Schedule of Fees and Charges. A property damage bond equivalent to two months fee is to be lodged by an approved operator with Council.

f) Renewal of Approval

The permit may be considered for renewal following a review of the local environmental factors and may be cancelled or amended if deemed necessary, specifically:

• if the approved operator fails to comply with the conditions contained within the permit; or

• to account for any altered local environmental conditions.

9.
APPENDIX A – Precinct specific requirements

Precinct 1 Hornsby Eastside (excluding Hornsby Mall)

Precinct 2 Hornsby Westside (Coronation Street, Pacific Highway, Station

Street, Dural Street)

Precinct 3 Oxford Street Epping

Precinct 4 Hannah Street Beecroft

Precinct 5 Hillcrest Avenue, Pennant Hills

Precinct 1 – Hornsby Eastside (excluding Hornsby Mall)

Assessment Principle

The layout and orientation of furniture should be chosen according to the extent and shape of the available space. It shall provide enough space and practicability to ensure patron comfort and deter patrons from moving furniture outside the approved outdoor footway restaurant area. The importance of this issue is stressed to provide permanent unobstructed access for all people, including wheelchair users, visually impaired, electric powered scooters, prams etc. Approved operators are advised that they should make themselves aware of their obligations under the Disability Discrimination Act 1992.

Applicants will be required to submit with their application a scaled plan showing the layout and orientation of all furniture proposed to be used in association with the outdoor footway restaurant area.

Enclosures and weather protection

Outdoor footway restaurant areas should enrich the pedestrian experience and public life. It is therefore important that they present an open, inviting image and are easily accessible. Enclosures should be kept to a minimum and permanent barricade fencing with planters is not permitted.

Planter Boxes / Boundary Structures

Planter boxes may be used to physically define the perimeters of an outdoor footway restaurant area to prevent pedestrian conflict and ensure the patron’s safety. Planter boxes should not exceed a total length of 1.8 metres and the total height, including the plants, should not be more than 1.2 metres. The planter boxes are to be maintained in good condition by the outdoor operator and no advertising is to be placed on the planter boxes. All plants located within the planter boxes are to be healthy and well watered by the approved operator. The approved operator will ensure that unhealthy or dead plants are removed and replaced as necessary.

The style, design and colour of all planter boxes proposed to be installed by an approved operator shall be subject to the approval of Council.

Council will give consideration to the installation of contemporary removable boundary structures or safety railing. Such elements shall be constructed of powder coated or polished aluminium, brushed or polished stainless steel framing and contain suitable clear panel inserts.

Umbrellas

Umbrellas are appropriate for providing shade and shelter in exposed locations. The main factor to be considered in respect of the installation of umbrellas within a footway restaurant area is that they must have mechanisms to ensure that they are at all times securely fixed to withstand wind. While the installation of permanent umbrellas is desirous, Council will give consideration to the installation of temporary umbrellas in areas where permanent umbrellas are not practical. All umbrellas shall not extend beyond the approved outdoor footway restaurant area.

Umbrellas- Permanent

The dimensions of permanent umbrellas shall be no greater than 4 metres x 4 metres square and be of a similar style to the existing permanent umbrellas installed within the Hornsby Mall. The underside of the umbrella must be a minimum 2 metres above ground level on all sides. Permanent umbrellas may be joined together where the outdoor footway dining area is sufficient. Umbrellas shall consist of a white coloured membrane fabric with powder coated aluminium frames. Drop down sides will be considered however they must be made of a clear plastic material and maintained in sound and aesthetically acceptable condition to Council’s satisfaction. Approved drop down sides must only be used during periods of inclement weather.

Umbrellas-Temporary

Precinct 2 – Hornsby Westside

Area to be occupied

Items of furniture must be located on the kerbside of the footpath. Occupation shall not cause inconvenience to pedestrians. Areas adjoining bus-stops or areas closer than 10 metres from an intersection or corner shall not be occupied except specially designed and fenced garden areas.

Location to be occupied

A distance of 600 millimetres from the kerbside must be kept clear at all times.

Pedestrian Access

Minimum public access along the footpath is 2 metres and must be left in a clear and consistent line of sight.

Shade Structures

Businesses may erect temporary shade structures that must be removed at the close of business daily.

Shade covers attached to existing store structures can be considered if they do not block the sight lines adjoining business or services, do not impede access and egress from the shopping strip and do not require attaching to the footpath.

The unobstructed vertical clearance should be a minimum height of 2 metres and a maximum height of 2.3 metres.

Precinct 3 – Oxford Street, Epping

Area to be occupied

Location to be occupied

A distance of 600 millimetres from the kerbside must be kept clear at all times.

Pedestrian Access

Minimum public access along the footpath is 2 metres and must be left in a clear and consistent line of sight.

Shade Structures

Businesses may erect temporary shade structures that must be removed at the close of business daily.

The unobstructed vertical clearance should be a minimum height of 2 metres and a maximum height of 2.3 metres.

Precinct 4 – Hannah Street, Beecroft

Area to be occupied

Location to be occupied

A distance of 600 millimetres from the kerbside must be kept clear at all times.

Pedestrian Access

Minimum public access along the footpath is 2 metres and must be left in a clear and consistent line of sight.

Shade Structures

Businesses may erect temporary shade structures that must be removed at the close of business daily.

The unobstructed vertical clearance should be a minimum height of 2 metres and a maximum height of 2.3 metres.

Precinct 5 – Hillcrest Avenue, Pennant Hills

Area to be occupied

Location to be occupied

A distance of 600 millimetres from the kerbside must be kept clear at all times.

Pedestrian Access

Minimum public access along the footpath is 2 metres and must be left in a clear and consistent line of sight.

Shade Structures

Businesses may erect temporary shade structures that must be removed at the close of business daily.

The unobstructed vertical clearance should be a minimum height of 2 metres and a maximum height of 2.3 metres.

Age	% April 2008
90+	27.5
86-90	23.2
80-85	31.8
76-80	8.5
70-75	3.3
< 70	5.7

Label	Birth Dates	Current Age	% of Population
Builders	1926-1645	63-82	15
Baby Boomers	1946-1964	44-62	25
Generation X	1965-1981	27-43	25
Generation Y	1982-2000	8-26	26
Generation Z	2001+	Under 8	6

Description	1996	2001	2006
Total Population	137,279	146,242	151,326
No. of Persons 55+	28,541	32,115	37,014
% of Population Aged 55+	20.79	21.96	24.46

Format	% of Total Loans
Books	71.7
Magazines	1.2
Audio visual materials	27.1

Item Description	Number	%
Large Print	390	35.14
Standard print	418	37.66
Spoken word cassettes/CDs	205	18.47
Videos/DVDs	66	5.94
CDs (music)	8	0.72
Magazines	17	1.53
Community Language material	6	0.54
Total	1,110	100

Reason	No
Physically unable to use a phone	1
Unable to use a phone because of impaired vision	1
Unable to use the phone because of a hearing difficulty	6
No reason given	1
No need to phone	3
Not aware of the number to use	1

Response	%
Happy with current length of time	66.7
Would like 5-10 minutes more	8.3
Would like more than 10 minutes more	8.3
Would like as long as possible/all day/3 hrs. etc	3.3
Would like as much time as staff can spend	13.4

Very satisfied	Reasonably satisfied

Not happy	Very dissatisfied	Not sure

	Resident of Hornsby Shire

	A person who is incapacitated or ill and unable to visit the library

	The carer of an incapacitated or ill person

	A person able to visit the library and choose material but unable to carry it home

*Books*		*Other*

	Regular print		Talking Books on CD or cassette

	Large print		DVDs

	Fiction		Magazines

	Non fiction		Music CDs

Less than 30	30-39	40-49

50 -59	60- 69	70- 79

80 – 84	85 and over

Function Activity (in the 6 monthly reporting period Result
Food business profile	Number of high risk food businesses+	356
	Number of medium risk food businesses+	123
	Number of low risk food businesses+	100 (est)
	Total number of food businesses	579
Regulation services profile	Number of authorised officers engaged in food regulatory work over the 6 monthly reporting period	2
	Number of full time equivalent (FTE) authorised officers engaged in food regulatory work over the 6 monthly reporting period	2
	Private contractors used	No
	Resource sharing with other council(s)	No
Regulation inspection profile (excluding low risk businesses)	Combined number of inspections of high and medium risk food businesses including re-inspections	382
	Combined number of inspections of high and medium risk food businesses satisfactory# at the time of reporting (irrespective of the number of re-inspections)	215
	Percentage of primary inspections* complying with ALL critical food handling practices (CFHP)˜	50%
	Of those businesses found not to be complying with all CFHP˜, the percentage subsequently complying with all CFHP as the result of follow up action. Note: failed CFHP requires immediate follow up	71%
Food complaint profile	Total number of complaints received	33
	Total number of complaints investigated	33
	Complaint type (%)***:
	§ Hygiene and handling	49%
	§ Foreign matter	15%
	§ Food quality including deterioration	6%
	§ Labelling and advertising	0
	§ Other	10%
Enforcement action	Number of Improvement Notices issued	6
	Number of warning letters issued	274
	Number of Prohibition Orders served	1
	Number of seizures	1
	Number of Penalty Notices issued	12
	Number of Penalty Notices court-elected	0
	Number of prosecutions**	0
Value-added services	Technical advice provided for food businesses	Yes
	Information provided for food businesses, e.g. leaflets, hand-outs, fact sheets and website	Yes
	Food handler training organized or facilitated	Yes
	Any other service provided, eg participation in surveys or pilot programs (if yes, please give brief details)	Yes