Extra year for council footpath leases

Gosford Council has altered its footway-outdoor dining policy to offer an extra year to its licences.

The licence period has been changed to three years with a two-year option.

The extra year for all existing licences will bring the licence period plus options to a total of five years.

The changes comes after a meeting Council had in November 2002 which simplified the procedure to get businesses to formalise their outdoor dining arrangements.

Under the old scheme, the licence agreement applied for two years with a two-year option.

This change will also mean that businesses applying for an outdoor dining footway license won't have to pay to consult a solicitor, which costs more than the license itself.

Outdoor tables are prominent in West St and Trafalgar Ave, Umina, sections of Woy Woy and Ettalong, Hardys Bay and Pearl Beach.

During debate over the motion at Council, Cr Jim McFadyen asked if Council had the appropriate public liability insurance for businesses that used the footpath for outdoor dining.

Director of corporate development, Mr Terry Thirlwell, said Council was appropriately covered and any claims would be assessed and processed on a case-by-case basis in accordance with Council policy.

However, local activist Mr Ed James has taken on Gosford Council over the issue of use of footpaths by businesses on the Peninsula.

He said Council was not enforcing its policies regarding licensing for outdoor dining and businesses using the footpath and is consequently leaving itself open to public liability claims.

"These laws are in place to make sure ratepayers have free and easy access when going about their lawful business on public land," Mr James said.

"Visually impaired and disabled people are particularly disadvantaged by Gosford Council's lack of care."

Mr James had taken photos of a forklift damaging the footpath while delivering pallets to a store in Umina.

He said he has also noted a Woy Woy business blocking the footpath with pallets two deep totally blocking the footway and parking a large front-end loader on the footway.

Mr James has made numerous representations to Council and has started a letter writing campaign, writing to the Minister for Police asking him to enforce the law, local media and members of Gosford Council.

"I understand that other community representatives have complained now they are mentioning their concerns for the safety for children that Council and police aren't thinking of," he said.

"These important issues which if not addressed will continue to put the ratepayers in jeopardy, are insurance and safety-related."

"The business community throughout the Gosford Local Government Area has over time decided it would just simply start using public property for commercial benefit.

"Although most councils have responded by actively enforcing the laws to stop the illegal and non complying use, Gosford Council it seems considered a road less travelled.

"They are considering a licence arrangement with an added insurance requirement to satisfy compliance with Section 382 of the Local Government Act.

Letters, Council Agenda, FS 056, May 25