Mosman Park eateries could soon be allowed to extend their alfresco dining areas in front of neighbouring sites under a new draft policy up for council consideration.
The draft trading in public places policy would replace the existing mobile food trading policy and alfresco dining in public thoroughfares policy and is intended to create more consistency.
It is designed to make it easier to do business in Mosman Park, with hopes traders will enhance public spaces and amenity.
A major change under the new policy is outdoor dining areas.
Restaurants, cafes and small bars must apply to operate an alfresco dining space and it must be “directly adjacent” to the business without impeding neighbouring sites.
There must also be at least 1.5m clearance along any adjacent footpaths to allow pedestrian access.

However, a new discretionary clause would allow the town to make certain exceptions and approve alfresco spaces extending in front of other businesses, as long as it does not “unduly affect” the premises or pedestrian access.
No existing or approved competing outdoor dining use can be displaced, vehicle sightlines must be maintained and the extended alfresco spaces must offer a real community benefit or activate the street.
If there are no existing hours, residentially-zoned alfresco spaces can open from 8am to 6pm Sundays to Wednesdays, and 8am to 9pm Thursdays to Saturdays. In commercial or mixed use zones, the area may open from 6am to 10pm Sundays to Wednesdays, and 6am to midnight Thursdays to Saturdays.
Mobile food trading and public entertainment are also specifically listed under the new policy.
The policy also covers buskers, commercial classes and mobile services, such as saunas, and retailers.
“The town periodically receives requests for temporary trading facilities ranging from selling coffee to providing services like mobile saunas or fitness classes,” town officers wrote in a report.
“If left without guidance, these activities have the potential to cause unintended impacts to the amenity of surrounding properties or the enjoyment of open spaces.“
Trading from a mobile vehicle must have a mobile food trading permit from the town.
This is required in specific areas across the town, including Mann Oval, Tom Perrott Reserve skate park, Minim Cove Park, Chidley Point and Leighton Battery. It will also now include Mosman Beach.
Allocating permits in high-demand locations will be managed through a competitive expression of interest process each October.
All businesses seeking to operate under the proposed new public trading policy must integrate into the location without compromising existing users or pedestrian safety, should be unique and fill a gap in the local market without impacting nearby brick-and-mortar businesses providing a similar service, and must be environmentally sustainable with no litter or single-use plastics.
All permit holders must maintain a public liability insurance policy with a minimum coverage amount of $20 million for any one event.
The permit holder must apply for renewal at least one month before their permit expires.
Commercial classes and group activities with 30 participants or less, and 100 persons or less at Mosman Beach running for a maximum of one hour, are exempt from requiring a formal trading permit.
The draft policy was advertised earlier this year and received 86 submissions.
Almost half the responses opposed the 30-person threshold at commercial classes and group activities, but town staff said this was a “misinterpretation” as the threshold was not a hard cap, just a trigger point for the town’s hire of facilities and public places policy.
There was significant support for activating Mosman Beach Reserve with 82 “suitable” votes, whereas inland reserves with limited parking or close to residential properties, such as Bay View Terrace, received more “not suitable” responses.
Council will vote on the draft policy at the October 27 meeting.
