Alfresco dining licence guidelines

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Evelyn Chapman
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1 Alfresco dining licence guidelines Whngrei District Council hs implemented policy to llow lfresco dining on footpths nd in pulic plces outside of resturnts. This informtion pck contins three documents: 1 An ppliction form. 2 The lfresco dining policy. 3 The licence greement. To gin licence there re two importnt steps for you to tke ut first mke sure you red the lfresco dining policy nd the licence greement. In eing permitted to dine outside your resturnt, you will e required to operte within certin guidelines so tht you do not ffect other people using the footpth. This is fully explined in the policy. The steps you will need to tke to otin licence re s follows: 1 Complete nd return to Council, the ppliction form together with sketch pln showing the proposed loction of tles nd chirs in reltion to the pplicnt s resturnt nd description of the mterils nd design of the furniture to e used (see condition 12 of the Policy). Fees Plese refer to Council s Schedule of Fees nd Chrges. Your ppliction cn e received t Council s Customer Services Counter t Forum North. Importnt If you re liquor licenced (On or BYO) you will lso need to gin pprovl under Regultion 7 of the Sle of Liquor Regultions 1990 (Redefinition of Premises) so tht you cn extend the licenced premises into the pulic plce. Your ppliction for lfresco dining will e ccepted nd processed s n ppliction under Regultion 7 for redefinition s well ut for the purposes of Regultions 7 (you must supply with your lfresco dining ppliction, scle pln showing the precise extent of the re in which your outdoor dining will e situted. Refer to the lfresco dining policy for guidnce on where you cn set up. Council, s the owner of the lnd which will e suject to the redefinition, will dvise pprovl to Council s liquor licensing inspector who will then report to the licensing uthority in Wellington. The licensing uthority considers the ppliction nd where pprovl is given, uthorises the consumption of liquor within the extended premises. A replcement on/yo Licence is then issued. Consumption of lcohol must not commence outdoors until oth the replcement liquor licence nd the lfresco dining licence re grnted. Completion of licence greement Once Council hs processed nd pproved your ppliction you will e required to sign the licence greement. If you re registered compny you must lso hve gurntor sign the greement which cn e compny director or other individul ssocited with the compny. Council will contct you nd rrnge dy nd time for this to occur t Forum North. At this time you will lso need to provide copy of your pulic liility insurnce policy which must include cover for punitive nd exemplry dmge in ccordnce with condition 15 of the policy. A Licence cn then e issued. Note If you require ny further informtion out lfresco dining, plese contct Council s environmentl helth tem on

2 Privte Bg 9023 Whngrei 0148 New Zelnd T: WDC INFO F: W: E: Alfresco dining permit ppliction Applicnt detils Nme of pplicnt (nme to pper on licence) Address Contct numers Appliction detils Nme of estlishment Address of estlishment Dte from which licence is required Property ID Description of opertion nd plnned use, with re sizes (Plese lso ttch detiled sketch showing streets with nmes, shop fronts nd size of re required) Fees Plese refer to Council s Schedule of Fees nd Chrges Note An dditionl rte per hour my e chrged Signture Dte

3 Privte Bg 9023 Whngrei 0148 New Zelnd T: WDC INFO F: W: E: Alfresco licence greement Property ID Licence greement dted this dy of 20 Prties 1 Whngrei District Council ( the licensor ) 2 3 ( the licencee ) ( the gurntor ) 1 Bckground The licencee wishes to use n re of the licensor s lnd ( the Are ) for the purpose of outdoor dining The licensor hs greed to grnt to the licencee licence to use the re nd the prties hve entered into this licence to record the terms nd conditions on which the licencee will occupy the re. This licence witnesses 1 Reference schedule The terms defined in this schedule pply to this licence. 1.1 The re Tht prt of the licensor s lnd shown outlined in red on the pln ttched hereto nd mrked A. 1.2 Commencement dte 1.3 Permitted use The licencee shll only use or permit the re to e used for the purpose of outdoor dining 1.4 Trding hours 2 Grnt of licence The licensor grnts to the licencee the Licence nd right to use the re upon nd suject to the terms of this licence. 3 Term of licence The term of this licence shll e one month from the commencement dte nd then until determined y one month s written notice from either prty to the other which notice my e given t ny time, without cuse. 4 No ssignment or su-licensing The licencee shll not ssign this licence, grnt ny su-licence, cese to conduct the usiness conducted in the re personlly, or otherwise del in ny mnner with this licence or the right to use the re. An ssignment for the purposes of this cluse includes ny chnge in the directors or shreholders of compny or ny chnge of prtners in prtnership.

4 5 Insurnce nd indemnity 5.1 The licencee grees to occupy nd use the re t the Licencee's risk nd releses to the full extent permitted y lw the licensor nd the licensor's employees nd gents from ll clims nd demnds of ny kind nd from ll liility which my rise in respect of ny ccident, dmge or injury occurring to ny person or property in or out the re. 5.2 The licencee shll keep the licensor indemnified ginst ll clims, ctions, losses nd expenses of ny nture which the licensor my suffer or incur or for which the licensor my ecome lile in respect of or rising out of: the neglect or creless use or misuse y the licencee nd persons under the licencee's control of the re or ny of the utilities or other services to the Are or rising out of ny fulty fixture or fitting of the licencee ny ccident or dmge to property or ny person rising from ny occurrence in or ner the re wholly or in prt y reson of ny ct or omission y the licencee nd persons under the licencee's control. 5.3 The licencee t the licencee's expense shll effect nd keep current in respect of the re nd the licencee's use of the re policy of pulic risk insurnce for n mount not less thn $1,000,000.00, nd tht policy shll e extended to include cover for punitive nd exemplry dmges for not less thn $250, or such other mount from time to time required y the licensor, for ny one event with sustntil reputle insurnce office or compny first pproved in writing y the licensor (such pprovl not to e unresonly or ritrrily withheld). 6 Use of re The licencee shll only use the re for the permitted use. 6.1 Use of re y licencee The licencee shll: c Aide y ny directions of ny uthorised persons or officers of the licensor. Keep nd mintin the re in clen order repir nd condition nd will, t the determintion of this licence, yield up the sme in clen order repir nd condition. Hve redily ville copy of this licence t ll times to enle ny uthorised persons or officers of the Licensor to inspect the sme. d Comply with ll requirements of the Building Act e Comply with ll requirements of the Sle of Liquor Act f g Comply with ll existing or future uilding or resource consents or other regultions of the licensor tht ffect the re. Outside the trding hours remove ll tles, chirs, signs, dvertisements, nmes nd notices from the re. 6.2 Restrictions on use of premises y licencee The licencee shll not: c d e Store or use inflmmle or dngerous sustnces upon the re; Permit to e done on the re nything which in the opinion of the licensor my ecome nuisnce, disturnce or ostruction or cuse dmge whether to the licensor or memers of the pulic. Ostruct or interfere with ny of the entrnces or exits of the licencee s premises or ny of the licencee s neighours premises. Permit ny tles or chirs or signs, dvertisements, nmes or notices to e plced on ny prt of the re which is djcent to ny us stop, txi stnd or pedestrin crossing without the prior written consent of the licensor; or Use the re in ny noisy, noxious, illegl or offensive mnner or for ny illegl purpose.

5 7 Rights reserved y licensor 7.1 Mintennce y licensor The licensor my use, mintin nd repir ll services fixtures nd fittings pssing through the re ut in doing so the licensor shll cuse s little inconvenience s resonly possile to the licencee. 7.2 Work y licensor to remedy licencee's defult The licensor my remedy ny defult mde y the licencee under this licence t ny time without notice. When the licensor remedies ny defult y the licencee under this licence ll costs nd expenses incurred y the licensor in rectifying the defult (including legl costs nd expenses) shll e pid y the licencee to the licensor on demnd. 8 Defult y licencee If t ny time: c d The licencee fils to perform ny of the covennts, conditions or greement in this licence to e performed y the licencee; or The licencee (if n individul) is declred nkrupt or insolvent ccording to lw; or Any ssignment is mde of the licencee's property for the enefit of creditors or if the licencee compounds with the licencee's creditors; or The licencee ( compny) hs receiver ppointed or if resolution is pssed or order mde y the Court for the winding up of the licencee (except for effecting reconstruction of the licencee pproved y the licensor) or if the licencee is plced under officil or sttutory mngement; the licensor my t ny time without notice or demnd immeditely terminte this licence, nd remove the licencee from the re without eing guilty of trespss or conversion. This licence shll then determine ut without relesing the licencee from liility in respect of ny rech y the licencee of this licence. 9 Notices Any notice or other document required to e given or served under this licence (in ddition to ny other method permitted y lw) shll e given or served y registered post or y delivery to the licencee t the licencee's lst known plce of ode or usiness. 10 Licence not n interest in lnd The licencee hs right of occuption for the term of this Licence nd hs no interest in the re. The legl right to possession nd control over the Are remins vested in the licensor throughout the term. 11 Gurntee 11.1 In considertion of the licensor entering into the licence t the gurntor s request the gurntor: Gurntees the performnce y the licencee of the covennts in the licence; nd Indemnifies the licensor ginst ny loss the licensor might suffer should the licence e lwfully disclimed or ndoned y ny liquidtor, receiver or other person The gurntor covennts with the licensor tht: No relese dely or other indulgence given y the licensor to the licencee or ny other thing wherey the gurntor would hve een relesed hd the gurntor een merely surety shll relese prejudice or ffect the liility of the gurntor s gurntor or indemnifier. As etween the gurntor nd the licensor the gurntor my for ll purposes e treted s the licencee nd the licensor shll e under no oligtion to tke proceedings ginst the licencee efore tking proceedings ginst the gurntor. Should there e more thn one gurntor their liility under this gurntee shll e joint nd severl.

6 Execution THE COMMON SEAL of ) WHANGAREI DISTRICT COUNCIL ) ws hereto ffixed pursunt to ) Stnding Order ) this dy of in the presence of Council Secretry Signed y the licencee ) in the presence of ) Witness Address Occuption Signed y the licencee ) in the presence of: ) Witness Address Occuption

European Interim Agreement on Social Security Schemes relating to Old Age, Invalidity and Survivors

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