ࡱ> 3527 bjbjUU ".7|7|p$lppp8$E e88u Mu u u |u u u M   hgկp c0 ,? ?u Disability Action Plan for Korean Restaurant at Ground Floor, 205 Rowe Street Eastwood. 1. INTRODUCTION The restaurant is named Poong Nab Dong barbeque restaurant. The name is derived from a very famous eatery locale in South Korea and it aims to preserve the essence of genuine traditional Korean foods to all patrons that visit its restaurant. The restaurant aims at serving a humble atmosphere in which to dine while allowing for equal access to people with physical disabilities. However, due to the makeup of the existing building at 205 Rowe Street Eastwood, there exists a newly proposed outdoor area with its floor level at approximately 1m lower than the main dining area accessible along the Rowe Streetfront. It is this proposed dining area to the rear of the premises that is the subject of this action plan. 2. THE DDA AND THE RESTAURANTS RESPONSIBILITIES Under the disability discrimination act 1992, section 23 access to premises, (1) It is unlawful for a person to  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "discriminate" discriminate against another person on the ground of the other persons  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "disability" disability or a  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "disability" disability of any of that other persons  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "associate" associates: (a) by refusing to allow the other person access to, or the use of, any  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "premises" premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not) It is clear that this restaurant being a restaurant that provides a venue for patrons to dine in Korean Foods has the responsibility under the section 23 of the act as mentioned, however, it is noted that the new dining areas accommodating for approximately 20 patrons at the existing lower level of the premises does not allow accessible access for people with disability. While acknowledging responsibilities under section 23 of the DDA the restaurant also notes that: (2) This section does not render it unlawful to  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "discriminate" discriminate against a person on the ground of the persons  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "disability" disability in relation to the provision of access to  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "premises" premises if: (b)any alteration to the  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "premises" premises to provide such access would impose  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "unjustifiable_hardship" unjustifiable hardship on the person who would have to provide that access. Where this unjustifiable hardship was defined in the disability discrimination act 1992 - sect 11 as, (c) the financial circumstances and the estimated amount of expenditure required to be made by the person claiming  HYPERLINK "http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s4.html" \l "unjustifiable_hardship" unjustifiable hardship 3. THE IDENTIFIED BARRIERS FOR PEOPLE WITH DISABILITIES IN ACCESSING THE SUBJECT PREMISES AT 205 ROWE STREET EASTWOOD The subject premise is accessible by people with disabilities from Rowe Street Eastwood, as the entrance door has no pronounceable lip in the threshold. All of the public dining areas from this level is able to be accessible by people with disability. However, towards the rear of the dining area adjacent to the existing disabled access toilet lies an existing staircase totaling 6 risers. It is at the bottom of this stair that the restaurant is proposing an outdoor dining for approximately 20 patrons. Within the makeup of other existing sheds and buildings throughout the site at this lowered floor level, it is confirmed that providing for physical ramps in accordance with AS 1428.1 - 2001 is not physically feasible. However, it is proposed that a disabled stair lift be proposed whilst maintaining all clearances within the existing stair, which may require a slight extension of the stair itself and this is done:- to ensure that diners from the main entrance can enter the outdoor dining to the existing rear lowered floor level via the assistance of mechanically operated stair lift. to ensure that diners within the proposed rear lowered level can go up the stairs with the aid of the mechanical stair lift to enter the existing disabled access toilet at the existing higher floor level. to ensure that diners within the proposed rear lowered level can go up the stairs with the aid of the mechanical stair lift to enter the main counter area and in turn exit out of the building. 4. Proposed action of overcome identified barrier Although there is the chance that a defense of unjustifiable hardship would be available to the restaurant in the event of a complaint, it is the restaurants decision to contribute a certain allocation of funds in increments on a monthly basis so that at the anniversary of the five years after the projected operation of the outdoor dining area that a mechanical stair lift be installed within the existing stair access leading from the floor level containing the main dining and disabled toilet to the lowered floor level containing the newly proposed outdoor dining areas. 5. THE MONITORING AND EVALUATION PROCESS The restaurant owner will be responsible for ensuring the action is completed. The owner will also initiate a customer feedback system by proposing a mail box type system near the counter requesting patrons to provide a feedback based on any range of issues while they were using the restaurants facilities at 205 Rowe Street Eastwood. It is proposed that upon receiving the comments on a daily basis, the manager will oversee the comments and tabulate the comments based on the type affecting the restaurant. i.e. Staff attitude related; Food quality related; Access to premises related Within the contact details in the feedback comment, issues relating to access to premises based on disability will be responded with a mailout of the disability action plan that has already been forwarded to the Human Rights and Equal Opportunity Commission. 6. REVIEW OF THE ACTION PLAN The review of progress towards achieving the action within the stated timeframe will occur on a yearly basis. This review will also consider any direct results of the restaurants separate customer feedback system and discuss with council or other planning consultants in respect to increasing the access requirement for people with disabilities based on market demands.     06-14 AP01a is?@LMa b l m E F ! ) * /0:;fgĭĭĭĭĭ橡0J6>*B*]phj6U]6],0J56>*B*CJOJQJ\]^Jph%j56CJOJQJU\]^J56CJOJQJ\]^J5CJOJQJ\^J5CJOJQJ\^JaJ6XYij78i ! =^+_a & F -D M ^`^^ -D M pPQYZ=59apqstvwyz~ʻʈʈʈʄ|CJ jU5\CJOJQJ^J,0J56>*B*CJOJQJ\]^Jph%j56CJOJQJU\]^J56CJOJQJ\]^J5CJOJQJ\^J"0J6>*B*OJQJ]^Jphj6OJQJU]^J6OJQJ]^J(aklprsuvxy{|}~ -D M  -D M  1h/ =!"#$% iD@D Normal$CJOJQJ^J_HaJmH sH tH 2@2 Heading 1$@&5\R@2R Heading 3dd@&[$\$5CJOJQJ\^JaJ<A@< Default Paragraph FontBB subsectiondd[$\$ OJQJ^J.U@. 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