Information about footpath dining approvals
A footpath dining approval is required when the proposed dining area is on a public footpath (adjacent to a road). This application is not required if the proposed dining area is on private land. Footpath dining approvals will only be issued to businesses that sell food as defined under the Food Act 2006. Activities in the footpath dining area are limited to footpath dining and table service.
Additional approvals from other Council areas may also be required. For example, you may require planning approval for the use, or building approval if your proposal includes any building works or permanent structures. Contact Council for more information.
How to apply for a new footpath dining approval
If you are starting a new food business which incorporates the use of the public footpath or you are an existing food business and would like to start using the public footpath for dining, you are required to apply for a footpath dining approval. The application process requires proposed plans of the area and details of furniture to be submitted. The footpath dining design guide for operators details the minimum requirements that must be met for your footpath dining application to be considered by council.’
You can either apply for this at the same time you apply for the food business licence (if applicable) or alternatively submit a separate Footpath Dining Approval Application form online.
The applicant must also take out public liability insurance to a minimum value of $20 million and name Council as an interested party. A copy of this document must be submitted before your application is given approval.
The proposed plans of the footpath dining area should indicate:
a) Site dimensions
- Property boundaries;
- Footpath width from the outside face of the kerb to the building line;
- Location of building lines; and
- Width of the building frontage to which the outdoor dining area is associated and entry points to the building
b) Site features
- Existing trees and street furniture including bench seating, street lighting, bins, drinking bubblers/fountains, bike racks, tactile paving, planter boxes; and
- Existing awnings, overhangs and signage (proposed and existing, including heights)
c) Topography and services
- Footpath levels and cross falls;
- Existing services (including poles, service pits, stormwater catchments pits in the kerb, fire hydrants, post boxes, public telephones etc.), connection points and easements; and
- Existing vehicle access points
d) Adjoining features/constraints
- Types of businesses on abutting properties and their building lines;
- Type and dimensions of car parking (i.e. parallel, diagonal, rear in etc.), if any, provided on the road shoulder adjoining the footpath on which any outdoor dining area is to be located;
- Existing pedestrian movement corridors through the site; and
- Any uses which may be sensitive to outdoor dining located in close proximity i.e. ATMs, driveways, loading zones, no standing zone, bus stop or taxi
e) Proposed footpath dining layout
- Location of proposed tables, chairs, fixed and /or temporary structures, heights of structures, the width of walkways;
- Distance of proposed footpath dining area from adjoining features (as detailed in point d); and
- Proposed number of tables, chairs and umbrellas
Where there is a business with an existing footpath dining approval, an application can be submitted to transfer the approval to the new approval holder. You can either apply for this at the same time you apply for the food business licence (if applicable) or alternatively submit a separate Footpath Dining Approval Application form online. A copy of the public liability insurance to a minimum value of $20 million, with Council as an interested party, will need to be submitted with the form.
If any changes are being made to the approved footpath dining area, you will need to submit a Footpath Dining Approval Application form online to apply for an amendment and upload a new set of plans to be approved.