If any of the following conditions are not met, it may result in revocation of the licence.
1. The parklet permit and approved site plan must be displayed in the licensed area, or in the business window, so that it is visible at all times and able to be easily read by people outside.
2. This permission is given solely to the permission holder named. It may not be transferred or assigned to anyone else.
3. The Council reserves the right to immediately suspend the permission at any time, in which case written notice will be provided to the permission holder at the address given for the parklet application.
Permitted use of space
4. Tables are only permitted to be located within the area marked on the image attached to your permission. Up to a maximum of X tables and X chairs (depending on your application details), may be placed within the designated area and as shown on the permission,
a. Adequate space is to be provided within the area to allow for easy movement and chair use.
b. The outdoor seating area may only be set out as indicated in the image.
5. No other item, structure or object whatsoever may be placed on the parklet without the prior written permission of the Council.
6. The parklet permission holder is responsible for ensuring that patrons keep tables and seating within the approved boundaries of the outdoor seating area.
7. The parklet permission holder is required to clean the approved seating area including tables, chairs, and the immediate footpath surrounds. The parklet permission holder must keep the area covered by the permission, and the adjoining footpath, street channels and drains, clean from litter, spillages, graffiti, and damage.
8. If notice to rectify a problem has been issued by the Council, the holder must resolve these matters within 20 working days.
9. The parklet permission holder must ensure any permitted non-fixed furniture or objects are removed from the parklet outside the approved hours.
Maintenance and removal
10. Parklet owners are responsible for providing and maintaining access to essential city infrastructure (including, but not limited to utility poles, gas valves, manhole covers, wastewater systems, fire hydrants, cisterns and catch basins). This can include the temporary or permanent removal and/or storage of any structure(s) inhibiting access to these facilities. The parklet owner shall be financially responsible for this process.
11. This parklet permit does not give the parklet permit holder a right of uninterrupted use of the area covered by the permission. There may be interruptions to the permission holder’s use from road works or other activities on nearby road. Council may require all structures, tables, and chairs to be removed at any time (including during the permitted hours of use) to allow road works, maintenance of utilities, or other activities to occur. Council will not be liable for any loss of business or other costs caused by any interruption in the permission holder’s use of the area covered by the permission regardless of the cause of the interruption or its duration.
12. In the event that the business owner discontinues or ceases operation of the business associated with the parklet, the parklet owner shall be financially responsible for the decommissioning of the parklet and for restoring the site to its original condition. If the parklet owner fails to complete the decommissioning process within the specified time frame, they will be liable for any additional costs incurred by the local authorities or property owner to remove the parklet and restore the area.
Compliance with other requirements
13. The parklet permission holder is responsible for ensuring patrons do not smoke or vape in this area at all times.
14. Alcohol may not be served in the parklet unless a variation to an existing alcohol licence has been applied for and approved.
15. Any instructions given by Police or Council officers in relation to this parklet area are to be complied with immediately.
16. The area covered by this permission may not be used for live entertainment and speakers and/or amplifiers may not be placed or used in or on the area.