Outdoor trading
Discover how to apply for an outdoor trading area
Discover how to apply for an outdoor trading area
Outdoor trading areas, as a form of activity on the street, can make a significant contribution to the quality of public places and urban life, while also providing opportunities for local businesses to increase their trade and provide a better experience for their patrons. Council approvals are designed to enhance the community through the appropriate and safe use of public footpaths.
Applying for an outdoor trading area
To occupy a public footpath for business purposes you will need to secure an approval by following these steps.
- Read Council's Outdoor Trading Specification.
- If you are operating a food business, you must register your food business with Council. Your outdoor trading application will not be assessed if your food business is not registered. More information on this can be found here.
- Submit an Outdoor Trading Application and pay the associated fees. Please ensure that you provide a site plan with all relevant information outlined in section 5.2 of the specification, and an insurance certificate of currency with indemnity statement as outlined in section 15 of the specification. Missing or Incorrect information may delay the review of your application and may impact your chances of approval.
- We will notify you of an outcome as soon as possible.
If you intend on having fixed furniture as part of your outdoor dining area (such as awnings, planter pots, umbrellas, or any furniture that is not stored off-street at close of business), a more detailed assessment is required. You will need to apply via the Business use of a public footpath application ensuring you provide detailed plans and a description of your proposed furniture. You must already have an approval for this application to be considered. Please note that the application review process can take up to 40 days and may be delayed further if insufficient information is provided.
Important information
All venues applying to use the footpath for dining purposes must have development consent to serve food for eating at the premises. It is the Businesses responsibility to ensure development consent for their site is complied with.
When creating your outdoor trading space, please consider how your venue will be able to accommodate patron safety and physical distancing, the impact on local residents and other businesses, and allow adequate access for all pedestrians, residents and essential vehicles.
For more information on outdoor trading, including fees, call us on 02 4306 7900 and ask to speak to an Environmental Health Officer from the Environmental Health and Systems Team.
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For alterations to an existing outdoor trading area you should lodge a new application for outdoor trading, noting reference to your existing approval number.
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No - once a business is sold the new owner will be required to lodge a new application for outdoor trading as per the per the Outdoor Trading Specification. Approvals are not transferable.
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Council will consider the utilisation of neighbouring frontages on a case by case basis. The proposed area must meet all requirements outlined in Appendix 1 of the Specification, and must have demonstrated support from the current neighbouring business occupant and landowner.
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The outdoor trading application fee is applicable on submission of your application. An invoice will be issued via email upon receipt of the application.
If approval is granted, the business will then be liable for footpath hire fees which will be invoiced quarterly. This fee is calculated per square metre per week at the rate listed within our current fees and charges.
Fees are in accordance with Council's Fees and Charges and are subject to change each financial year.
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Outdoor trading approvals are valid for 3 years from the approved date. To renew an existing approval, please submit a Renewal Application Form (add link to the form here once form is approved) to continue use of the approved area. Fees and insurance must be up to date to be considered for renewal.
Late applications or applications where the business has changed ownership will not be treated as a renewal and a new application will be required.
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Once you submit your application it will be referred to an Environmental Health Officer for review.
Your application will be reviewed and assessed for approval in line with Section 125 of the Roads Act 1933 and Council's Outdoor Trading Specification.
The timeframe for an outcome of your application varies as each application is unique, differs in its complexities and is dependent on the number of applications submitted at any one time. As a general guide an assessment is made within 2 to 3 weeks.
Council may contact you if more information is needed, or if there are further requirements in order to assess or approve your application.