Administrative Resolution
No. (173) of 2007
Issuing the Implementing
Bylaw of Regulation No. (1) of 2006
Concerning Occupancy of Pavements and Areas Surrounding
Commercial Buildings and Businesses in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
The Chairman of the Board
of Directors and Executive Director of the Roads and Transport Authority,
After perusal of:
The powers vested in him by Law No. (17) of 2005 Establishing
the Roads and Transport Authority; and
Regulation No. (1) of 2006 Concerning Occupancy of
Pavements and Areas Surrounding Commercial Buildings and Businesses in the Emirate of Dubai
(the “Regulation”),
Does hereby issue this Resolution.
The words and expressions set out in this Resolution
will have the meaning indicated opposite each of them in the Regulation. The
expression ‘Competent Department’ means the Parking and Road Toll Department of
the RTA, and the term “Establishment” means any company, corporation, or business registered in the Emirate and conducting a
commercial or economic activity.
An application for a permit to occupy a Pavement will
be submitted to the Competent Department on the form prescribed by it for this
purpose, together with the following documents:
1.
a copy of a valid licence authorising the
Establishment to conduct its business activity;
2.
a copy of the Establishment’s valid lease contract
attested by the Dubai Municipality; and
3.
photographs and a clear plan delineating the location
of the area of the Pavement to be occupied.
In case of renewal of the Occupancy permit, an
application will be submitted at least one (1) month prior to the date of
expiry of the permit.
In implementing the provisions of Article (6) of the
Regulation, an application for Occupancy permit will be considered by the
Competent Department, which will issue its decision whether, or not, to grant
the permit based on the documents required and those actually submitted and
based on the relevant on-site inspection report submitted to it by its
inspectors. This report will indicate the location of the Establishment, the
area and width of the Pavement adjacent to the Establishment, the area to be
occupied, and the pedestrian traffic volume on the Pavement.
Where an Occupancy permit application meets the
conditions and requirements stipulated in the Regulation and in this
Resolution, the permit will be issued and will include the following details:
-
permit number;
-
name, commercial licence number, description of the
business activities, and address of the Establishment;
-
permit issue and expiry dates;
-
description and type of authorised Occupancy;
-
a plan delineating the Occupancy area and its boundaries; and
-
any other details as deemed necessary by the Competent
Department.
The Occupancy of a Pavement will be subject to the
following conditions:
I. Restaurants and Coffee Shops
1. At least two (2) metres of the Pavement width must be
left unoccupied for pedestrian traffic. The Competent Department may prescribe a
wider area on streets where festival events are held in the Emirate or streets
with a high pedestrian traffic volume.
2.
Flower and other plant
containers must neither be anchored to the Pavement, nor exceed one (1) metre
in height.
3.
Sunshades must neither be
anchored to the Pavement nor cover the whole Occupancy area, and must be
consistent with the general aesthetic appearance of the area.
4.
Seats, tables, or
sunshades must not be placed on the Pavement in a manner that adversely affects
the vision of vehicle drivers or compromises the general safety of pedestrians.
5.
No carpeting may be used
to cover the Occupancy area.
6. Poles of more than one (1) metre in height may not be
placed, and lights may not be mounted on poles, except on certain roads that
are determined by the Competent Department. Lights must not be blinding and
must not compromise road traffic safety.
7.
No television sets, or
other display devices, may be placed in the Occupancy area of the Pavement, or in
any other place in a manner that would compromise road traffic safety.
8. No statues,
models, signs, or similar objects may be placed in the Occupancy area in a
manner that adversely affects pedestrian traffic.
II. Hotels
1.
The hotel licence must
authorise it to conduct a restaurant or coffee shop business activity.
2.
Alcoholic drinks must not
be served in the Occupancy area.
3. All other requirements applicable to restaurants and
coffee shops, as stipulated in sub-paragraph (I) above, must be met.
III. Vending Machines
1.
Vending machines must be
placed in appropriate locations and at sufficient distances apart as determined
by the Competent Department.
2.
Vending machines may not
be placed in a manner that obstructs vision or compromises road traffic safety.
3.
A Person occupying the
Pavement must affix to the vending machine a metal plate stating the name and
address of his Establishment, instructions for using the machine, and any other
information determined by the Competent Department.
4.
Electrical connections
must be safely laid out in a manner that does not endanger the safety of road
users or adjacent buildings and Establishments.
5.
Vending machines that
would compromise health, public safety, or the environment
may not be placed on the Pavement.
The Competent Department will
collect the following fees and security deposits in respect of Pavement
Occupancy permits:
a.
an application fee of two hundred Dirhams (AED 200.00)
for issuing a new Occupancy permit or renewal of an existing Occupancy permit;
b.
an application fee of one hundred Dirhams (AED 100.00)
for issuing a replacement for a damaged or lost
Occupancy permit;
c.
an annual Occupancy permit fee of three thousand
Dirhams (AED 3,000.00) for placement of a vending machine;
d.
a monthly Occupancy permit fee of three thousand
Dirhams (AED 3,000.00) for placement of a vehicle or movable cart or placement
of a kiosk, stand, or shelves for display of products and commodities during festival
events;
e.
an annual Occupancy permit fee of three thousand
Dirhams (AED 3,000.00) for placement of an amusement or gaming machine;
f.
a refundable security deposit of ten thousand Dirhams
(AED 10,000.00) to guarantee the Occupancy permit applicant’s compliance with
the provisions of the Regulation and the bylaws and resolutions issued in
implementation thereof; and
g.
an annual Occupancy permit fee of no less than three
thousand Dirhams (AED 3,000.00) and no more than one hundred thousand Dirhams
(AED 100,000.00) for placement of seats or tables, which will be calculated based on the following formula:
|
External Authorised Occupancy Area x Annual Rent of
the Establishment’s Premises x 30% |
|
Internal Area of the Establishment's Premises |
In absence of an Establishment premises' lease
contract, the Occupancy fee referred to in paragraph (g) of Article (6) of this
Resolution will be calculated based on the rental value of similar units
located in the same area. In this regard, the Competent Department may
coordinate with the Finance Department of the RTA or the concerned entities in
the Emirate.
A Person who commits a violation of the provisions of
the Regulation or this Resolution will be punished by the penalties stipulated
in the Schedule of Violations and Penalties attached to this Resolution. In
addition to the prescribed penalties, the Competent Department will be authorised
to revoke an Occupancy permit in the following cases:
1.
repetition of the same violation during the term of
the permit;
2.
failure to pay the prescribed fines, or the cost of
remedy and redress of the Occupancy violation, within one (1) week from the
date of notifying the violator of the same by the Competent Department; or
3.
failure to satisfy any other requirement stipulated by
the Regulation or by this Resolution or any resolutions, bylaws, or
instructions issued in pursuance hereof.
Upon expiry or revocation of an Occupancy permit, any
fines, remedy or redress costs, or other amounts payable by the Person holding
the permit under the Regulation or under this Resolution or any resolutions,
bylaws, or instructions issued in pursuance hereof will be deducted from the
security deposit maintained by the RTA, and the balance of that security
deposit will be refunded to the Person.
Where the security deposit does not cover all payable
fines and amounts, the balance will be claimed from the violating Person.
A violation notice issued by an employee of the
Competent Department must contain the following information:
1.
date of issue of the violation, and date and time of
recording the violation;
2.
name of the violator;
3.
place of the violation;
4.
name of the violation report issuer;
5.
description and details of the violation;
6.
the grace period during which the violator must
approach the Competent Department
for remedy and redress of the violation, which will be determined based on the
type of violation; and
7.
the penalty imposed on the violator.
The Competent Department may coordinate with the
concerned directorates at local departments, authorities, and corporations in
the Emirate for the purpose of implementing the provisions of the Regulation
and this Resolution.
This Resolution will come into force on the day on
which it is issued and will be published in the Official Gazette.
Mattar
Mohammed Al Tayer
Chairman of the Board of
Directors and Executive Director
Roads and Transport
Authority
Issued in Dubai on 8 April 2007
Corresponding
to 20 Rabi al-Awwal 1428 A.H.
ــــــــــــــــــــــــــــــــــــــــــــــ
|
|
Description of Violation |
First Occurrence |
Second Occurrence |
Third Occurrence |
Fourth and Subsequent Occurrences |
|
1 |
Occupancy
of a Pavement without a permit |
Written Warning |
AED 2,500.00 |
AED 5,000.00 |
AED 10,000.00 |
|
2 |
Violation
of any of the terms of the permit |
Written Warning |
AED 2,500.00 |
AED 5,000.00 |
AED 10,000.00 |
|
3 |
Causing
damage to a Pavement as a result of Occupancy |
AED 1,250.00 |
AED 2,500.00 |
AED 5,000.00 |
AED 10,000.00 |
|
4 |
Failure
to maintain a valid Occupancy permit |
Written Warning |
AED 250.00 |
AED 500.00 |
AED 1,000.00 |
|
5 |
Failure
to cooperate with a Competent Department’s inspector |
Written Warning |
AED 500.00 |
AED 1,000.00 |
AED 2,000.00 |