1.

For outdoor seating, the Pavement Permission and approved site plan must be displayed in the licensed area, or in the business’s window, so that it is visible at all times and able to be easily read by persons outside.

2.

Tables and chairs are to be high quality, durable, waterproof and weather resistant, designed for outdoor use, be well maintained and must comply with NZS4121.

3.

The outdoor seating area will not interfere with safe and efficient pedestrian movement and the minimum unobstructed footpath width as outlined in the Policy and Pavement permission is maintained.

4.

The outdoor seating area must allow for unobstructed access to and from the premises.

5.

The layout and orientation of furniture in the proposed seating area must allow for at least 0.8m to the adjacent kerb line to ensure safety of patrons (this is the area between the seating and kerb line).

6.

Adequate space is to be provided within the area to allow for easy movement and chair use.

7.

Sandwich boards used for advertising are not permitted in outdoor seating areas.

8.

All temporary obstructions, including seating, tables, umbrellas and heating devices must be removed from the footpath outside of the business trading hours and stored away from the public area.

9.

The pavement permission holder is responsible for ensuring that patrons keep the outdoor seating within the approved boundaries of the outdoor seating area.

10.

Temporary barriers in outdoor seating areas must have separate approval by Council. They are to be located within the approved outdoor seating area.

11.

The pavement permission holder is required to clean the approved seating area including tables, chairs and the immediate footpath surrounds. Ashtrays or other suitable devices must be provided and maintained.

12.

The maximum number of tables and chairs specified above may not be exceeded. No other item, structure or object whatsoever may be placed on the footpath without the prior written permission of the Council.

13.

Tables are only permitted to be located within the area marked in yellow on the photograph and map attached to your permission. Up to a maximum of ....... chairs may be placed around each table, OR up to a maximum of ....... tables and ....... chairs may be placed within the designated area. All other footpath areas are to be kept clear at all times.

14.

The area for which permission is granted may not be used outside of the permitted hours of use specified above. All tables and chairs are to be removed and the footpath kept clear outside of the permitted hours of use, unless otherwise approved in writing.

15.

The pavement permission holder must keep the area covered by the permission, and the adjoining footpath, street channels and drains, clean from litter (including cigarette butts) and spillages at all times.

16.

This pavement permission does not give the pavement permission 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 tables and chairs to be removed at any time (including during the permitted hours of use) to allow road works 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.

17.

All liquor licensing and health requirements are to be observed. Any instructions given by Police or Council Officers are to be complied with immediately.

18.

Compliance with these conditions does not relieve the permission holder of the obligation to comply with any other conditions or requirements relating to use of the footpath (e.g. as part of a building consent, resource consent or other Council requirement).

19.

Council may withdraw this pavement permission on one (1) month’s notice in writing to the permission holder at the address given above.

20.

This permission is given solely to the permission holder named above. It may not be transferred or assigned to anyone else. Any change of ownership of the permission holder’s business will require the new owner(s) to seek a new permission.

21.

Council reserves the right to withdraw the permission at any time without notice.

22.

Unless withdrawn earlier by the Council, this permission expires at midnight on the expiry date set out in the Pavement Permission. If the permission holder wants to continue to use the relevant footpath area after the expiry date a new permission should be sought prior to the expiry date.

23.

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. The holder of this permission is reminded of his / her obligation not to exceed the prescribed noise emission levels in the Wellington City District Plan and of the obligation under section 16 of the Resource Management Act 1991 to ensure that the emission of noise does not exceed reasonable levels.

24.

The holder of the pavement permission must comply with any liquor management plan provided with the application at all times when the outside area is used.

25.

The holder of the pavement permission must hold current public liability insurance, in all respects satisfactory to the Council, with a limit of cover of not less than NZ$1 million for the duration of the Pavement Permission. Where the holders public liability insurance expires prior to the expiry date set out in the Pavement Permission the holder must, prior to expiry of the public liability insurance, provide Council with evidence of renewal of the public liability insurance on no less favourable terms, to a date after the expiry of the Pavement Permission.