Council 31 August 2006.

Public Street Enclosures Policy - full policy document, guidelines, and appendices [PDF 60KB]

  1. That the following recommendations of the Public Streets Enclosures Policy and Fees Subcommittee and subsequent resolutions adopted by the Council on 20 December 2005 concerning this matter be confirmed, subject to the amendments set out below in clauses 2, 3, 4 and 5 of the staff recommendations:
    1. That the Council retain[s] the current fee charging methodology, as set out in the attached report previously submitted to the Council on 15 September 2005
    2. That the current prescriptive Public Streets Enclosures Policy be revoked, and replaced with the revised policy attached, to allow staff more flexibility in issuing and monitoring licences for the occupation of public streets and other public spaces for such purposes
    3. That all tenants occupying public streets and other public spaces be required to pay the full rental due in accordance with the Council’s charging policy
    4. That all occupiers who have erected tables, chairs and other street furniture on public streets and other public spaces be required to enter into the Council’s standard licence for the occupancy of the affected spaces
    5. That the Corporate Support Manager and Transport and Greenspace Manager be severally delegated power to:
      (i) Institute enforcement proceedings where an occupier refuses to accept the fees and other conditions applicable in respect of the subject site within the terms of the Council’s policy, and have those fees and conditions documented in a licence
      (ii) Institute enforcement proceedings where a licensee fails to meet the terms and conditions of their existing licence
      (iii) Terminate the occupancy of the subject site or sites, in either of the circumstances referred to in (i) and (ii) above.
  2. That recommendations 1 above and 3–6 below apply to the former Christchurch City area, as defined prior to the inclusion of Banks Peninsula
  3. That the current fee charging methodology described in the below table be retained.
    Leased Area Rental Calculation (per annum plus GST)
    0m² to 30 m² 30% of Prime Rental Rate for 0m² to 30 m²
    31m² to 60m² 30% of Prime Rental Rate for 0m² to 30 m² Plus 26% of Prime Rental Rate for 31m² to 60m²
    61m² to 99m² 30% of Prime Rental Rate for 0m² to 30 m² Plus 26% of Prime Rental Rate for 31m² to 60m² Plus 20% of Prime Rental Rate for 61m² to 99m²
    Over 100m² 30% of Prime Rental Rate for 0m² to 30 m² Plus 26% of Prime Rental Rate for 31m² to 60m² Plus 20% of Prime Rental Rate for 61m² to 99m² Plus 15% of Prime Rental Rate for 100m² or over
  4. That the definition of the Prime Rental Rate be confirmed to mean:
    'The Prime Rental Rate' means the prime rental rate that would be payable by an independent third party for the area which is within five metres of the front inside ground floor area of the premises leased or owned by the licensee for the licensee’s business. For the purposes of this definition the 'front' shall be deemed to be that part of the premises leased or owned by the licensee for the licensee’s business which adjoins of [or] faces onto the licensed 
  5. That the future standard tables and chairs licence agreement reflect[s] the above rental formula, the new policy, guidelines and current practices.
  6. That for the sake of clarity:
    a) As there is no recommended change to the charging policy, clause 1(c) above apply for the full period from expiry of previous licences to when new licences are entered into as outlined in (b) below
    b) The new licences provided for in clause 1(d) above be entered into no later than 1 November 2006.