Couple dining outdoors on footpath

We monitor the standards of operation for food premises that provide footpath dining. Subordinate Local Law No. 1.2 (Commercial Use of Government Controlled Areas and Roads) 2011 regulates outdoor dining to ensure the safety of diners and pedestrians.The information below is to provide guidance on approval requirements if you wish to conduct dining activities on a Council controlled area or road (Ie: on a footpath).

This information is not applicable to private property.

When you need an approval

If you intend to use the Council controlled area and road and you can meet all the minimum standards (see below) you will not require an approval.

An application is required to be submitted if you are unable to meet the attached minimum standards (see below) and are intending to use a Council controlled area or road for footpath dining. Additionally, other approvals or permits may be required such as a Food Licence or Development Approval. Please contact us to progress your footpath dining application. This will need to be done well in advance of any planned operations.

Minimum standards

If you meet the below standards no approval is required. The person providing footpath dining must:

  • Have a current public liability insurance policy which provides indemnity for each individual occurrence in an amount not less than $10,000,000.00 and insurance against property damage.
  • Be able to produce a copy of public liability insurance to show an authorised person upon request.
  • Ensure footpath dining does not unduly interfere with the proper use of any local government controlled area or road.
  • Ensure that the physical characteristics of the local government controlled area or road are suitable for footpath dining.
  • Ensure that footpath dining does not cause nuisance, inconvenience or annoyance to the occupier of any land which adjoins the location of the footpath dining or vehicular traffic or pedestrian traffic.
  • Ensure that footpath dining does not have a detrimental effect on the amenity of the surrounding area.
  • Ensure that any table, including the base, used for footpath dining is constructed of metal, wood, moulded laminate or other similar material.
  • Ensure that any chair used for footpath dining is of metal or timber construction, or an appropriate plastic chair.
  • Ensure any umbrella used for footpath dining is securely attached to the table or metal disc base, has a maximum diameter of 1.8m and is at least 2m clearance above ground level directly adjacent to the umbrella.
  • Ensure any barrier used is constructed of timber or metal and does not exceed 750mm in height.
  • Ensure any planter used is constructed of sandstone, concrete, ceramic or another similar material.
  • Ensure footpath dining does not interfere with the line of sight of pedestrian or vehicular traffic at an intersection and must be undertaken on an area that is contiguous to or in the vicinity of the premises.
  • Limit footpath dining to the footpath immediately adjacent to the principal premises.
  • Have a clear unobstructed corridor for pedestrian traffic of not less than 2m is maintained
  • Limit footpath dining to the normal business hours of the principal premises.
  • Remove all tables, chairs, fixtures, fittings, umbrellas, barriers and equipment from the footpath when not open for business.
  • Ensure the area used is maintained at all times in a clean, sanitary and tidy condition including all tables, chairs, fixtures, fittings and equipment.
  • Ensure adequate waste disposal facilities are maintained and waste removed at regular intervals, and at least daily.
  • Ensure any sign or device advertising footpath dining is authorised or approved by us.
  • Clean the area regularly during business hours and daily, after the close of business of the principal premises.
  • Place footpath dining at least 1m from the kerb and at least 5m from a bus zone.
  • Ensure any barrier, planter box or similar item used does not impede pedestrians or access to other premises.
  • Ensure tables, chairs, umbrellas or other items are not located within the line of sight of pedestrian or vehicular traffic at an intersection or a pedestrian crossing.
  • Properly secure umbrellas and other associated items when in use and remove during times of strong wind.
  • Ensure public lighting is sufficient to enhance public safety (note where not sufficient, businesses to supplement).
  • Ensure footpath dining does not to interfere with any approved works over roads and or footpath until completion of the work.
  • Ensure footpath dining does not to injure, deface, misuse, mark or otherwise damage any building or structure on the local government controlled area or road.