Among Council’s stimulus projects is one named “City Scape”, intended to “create a vibrant city centre for Glenorchy” – an aim I think most would support but believed would arise from the CBD Revitalisation project.

The Council’s latest Quarterly Report says that City Scape is “subject to further review by council” so it’s anybody’s guess what it will eventually look like. But Council clearly expects outdoor dining to be part of it because regulations are being prepared to allow it to happen.

On Monday (July 27, 2020) Council will decide to progress a new by-law about public spaces and infrastructure that will create “opportunities for mobile and footpath dining experiences, to enhance the cultural and social life of the municipality.”

You may wonder why a by-law is needed at all. The problem is the planning scheme. It does list uses and developments that are “exempt from requiring a permit”. But as you can see below [ref], the exemption for outdoor dining relies on Council having a by-law and a procedure for granting licences to operate outdoor dining.

“5.11.1 Use and development including outdoor dining facilities, signboards, roadside vendors and stalls which have been granted a licence under the Council’s relevant By-Law.”

Note that some other Tasmanian councils have made progress towards allowing outdoor dining. Here is a sample.

• Burnie City Council created a by-law specifically for Street Dining earlier this year.
• Central Coast Council passed an Outdoor Dining Policy in 2019.
• Devonport City Council earlier this year created a by-law relating to Street Trading.
• Hobart City Council allows operators to apply for a permit to occupy a public space within the Hobart municipal area to give them more space to trade.
• Launceston City Council approved an On-Street Dining Policy in 2018.

The proposed by-law will replace, simplify and update some by-laws that have already expired. Yes, they do expire. And no by-laws means no offences and no penalties, so Council is finding it difficult to regulate some aspects of public spaces. So the new by-law will also allow Council staff to more effectively manage public spaces and infrastructure.

Watch next Monday’s council meeting live on Facebook on the official council Facebook page. It is scheduled for 6pm on Monday July 27.

Read the meeting agenda and for the other documents for the meeting, such as the latest Quarterly Report which is definitely worth a look, go here.