Council gives food business operators the opportunity to expand their dining floor space by using Council footpath to create an outdoor dining experience that is vibrant and active for the whole community.
These activities are regulated to ensure they are carried out safely for diners and pedestrians. It also allows Council to balance the needs of local businesses with those of residents and visitors. A permit is not required if your outdoor dining area is on private land.
To set up outdoor dining or seating areas including tables, chairs, outdoor heaters, umbrellas or planter boxes on a Council controlled area that is adjacent to your business, you are required to submit an application for approval a minimum of eight weeks prior to commencement. This allows adequate time to review your submission, request any further information, conduct a final assessment and make a decision. Outdoor dining is often associated with businesses such as:
- takeaway food outlets.
Additional approvals may be required from local government or state government agencies if an application involves building works or operational works such as a road opening, alteration to a footpath or the fixing of structures to a footpath.
The proposed outdoor dining area must provide unobstructed pedestrian movement along the relevant footpath and a minimum clear pedestrian way width of two metres.
You need to submit your application at least eight weeks before you want your business to start operating. Once all supporting documents have been provided, your application will be reviewed and assessed for approval under Local Law No 1 (Administration) 2011. Schedule 8(b).
Initial assessment of your application may take up to five business days. We may consult with key stakeholders. It may take up to 30 business days from initial assessment to decision once all supporting documents have been provided.
Legislation requires outdoor eating places to be smoke-free under the Tobacco and Other Smoking Products Act 1998 and liquor consumption on footpaths is regulated under the Liquor Act 1992. Approval is required by the Office of Liquor and Gaming Regulation.