WHERE CAN I OPEN A RESTAURANT / CAFÉ / COFFEE SHOP IN DUNGOG SHIRE?

In Dungog Shire, Cafés and Coffee Shops are classed as 'Restaurants'. A 'Restaurant' is defined as a building or place where the main function is to provide food for people to consume on the premise. A restaurant may be licensed to sell alcohol.

A restaurant (and therefore a Café or Coffee Shop) is a permissible use in areas within the Shire that are zoned Rural 1(a), Rural Enterprise 1(e), Village 2(v), Business 3(a), Employment 4(a) and Recreation 6(a).

You may also operate a small refreshment bar / eatery as an extension to an existing business provided that you only sell light refreshments. This refreshment bar / eatery may be classified as a 'Kiosk'. Kiosks can be operated in areas zoned Rural 1(a), Rural Enterprise 1(e), Village 2(v), Business 3(a), Employment 4(a), Recreation 6(a) and Environment 7(a).

Yes… The operation of a café, coffee shop, restaurant or kiosk requires development consent and registration from Council.

• For Development Consent - You need to lodge a Development Application with Council. You cannot
  commence operating your business until Council has granted Development Consent.
• For Registration - once you have Development Consent, you need to contact Council to register your
  business. You must provide the following details:
  - Registered Name of Business and the full name of the Business Owner
  - Details of the business
  - Location where you will be conducting the business.
  - Your Business Licence details

A registration fee is payable. Council is also required by law to undertake an annual inspection of your business to ensure that you meet Public Health requirements. The registration fee and the annual inspection fee are listed in Council's Schedule of Fees & Charges - Section 42 Public Health & Licensing, which is available from Council's website: www.dungog.nsw.gov.au.

If you are proposing to undertake building works you must apply and have approved a Construction Certificate before you can commence any work - see Construction Certificate Information Sheet.

WHAT OTHER REGULATIONS DO I NEED TO CONSIDER?

Restaurants and Kiosks must comply with:

• Australian and New Zealand Food Standards Code - available from www.foodstandards.gov.au
  
• Australian Standard 4674 (2000) which relates to construction and fitout, and is available from bbbwww.standards.com.au
  
• Building Code of Australia – technical requirements and standards for design and construction of bbbbuildings.
  
• Dungog Shire Car Parking Policy
  
• For a licensed premises, the Liquor Act 2005.

If your proposal is located in a heritage building or within a designated Heritage Precinct, you will also need to comply with Council's Heritage requirements.

In addition you may need specific approvals such as connecting to the sewer or establishing a waste management system (septic) or if you want to have footpath dining, approval to use the footpath.

Start by having a Pre-lodgement meeting with Council's Economic Development Officer. At this meeting Council will ask you about your proposal and the amount of construction and site works likely to be involved. Council may provide advice on:

• The factors that you need to consider in designing your buildings and operating you business.
  
• The issues that you must address in your Development Application.
  
• Registration and Annual Inspection process and the fees involved.
  
• If building works are involved - how and when to apply for a Construction Certificate.
  
  Please bring details of the property you have selected and your proposal to this meeting. Preliminary concept plans and some photos of the property and surrounding properties would also help.

You will then need to lodge a Development Application and supporting information with Council. Information on the Development Application process is available from Council or from Council's website: www.dungog.nsw.gov.au A Development Application form can be down-loaded from Council's website.

• Dungog Development Control Plan 1 - Industrial Development - If your business is classified as 'Industry'.
• Dungog Development Control Plan 1 - Erection of Rural Sheds - If you are proposing to erect a shed in a rural area.
• Dungog Shire Car Parking Policy
  Copies of these documents are available from Council's website:www.dungog.nsw.gov.au.

• Location and description of the premise that you will be operating from.
  
• The type of operation - restaurant (licensed / unlicensed), café, coffee shop etc
  
• Whether you will be offering take-away or home delivery services.
  
• Whether you are proposing to cater for functions.
  
• How many seats you propose and/or the size (in square metres of the dining area), and any outdoor seating.
  
• The type of meals that you will be serving. (i.e. light meals, snacks or full table dining service)
  
• Hours of operation including any proposed weekend and night-time activities.
  
• The number of staff that will be employed and maximum number of staff that will be on site at any one time.

• Site plan showing the layout of the buildings and structures, setback from the boundaries and the location of nnnyour neighbour's buildings.
  
• Building plans showing the layout of the restaurant / kiosk. Where the eatery is part of another activity, the nnnrelationship between the different activities needs to be shown.
  
• The appearance of the building and how it relates to the site and the surrounding area.
  
• Landscaping plans (where relevant).
  
• Details of proposed fitout and equipment - must be in accordance with relevant regulations.
  
• Access and parking - how cars and delivery trucks will enter and leave the site, how much traffic will be nnngenerated, how deliveries will be handled and where will patrons and staff park.
  
• Details of proposed connection to the sewer / septic disposal system, plus grease traps etc.
  
• Any proposed signage.

You must demonstrate that your business will not impact negatively on the environment or your neighbours or detract from the amenity of the area. Specific issues that you must address include:

• Waste disposal - How and where waste is to be stored and disposed of. You may be required to enter into a nnnTrade Waste Agreement with Council.
  
• Odours / Fumes - how you propose to control odours / fumes that may be emitted from your premise.
  
• Traffic and Parking - the potential impact on traffic and parking on the surrounding area.
  
• Noise levels - the type of music you are proposing to play and how you will contain this on site
  
• Privacy - how you propose to minimise any loss of privacy to neighbouring dwellings.

If you are located in a rural area you may also need to consider issues such as bushfire risk, impact of flooding, impact on flora and fauna. At the pre-lodgement meeting, Council will advise you of any specific requirements that need to be addressed.

Compliance with Legislation and Regulations

You will need to demonstrate that your proposal complies with:

• Australian and New Zealand Food Standards Code
  
• Australian Standard 4674 (2000)
  
• Building Code of Australia
  
• Dungog Shire Car Parking Policy
  
• For a licensed property, the Liquor Act.
  
• Dungog Shire Development Control Plan 1 - Heritage (if using a heritage building or located in a heritage precinct)