Footpath dining

Council regulates footpath/roadside dining is to ensure these activities are carried out in a safe manner for diners and pedestrians. Council is required to monitor the standard of operations in food premises that provide footpath/roadside dining. Compliance with Council's requirements will assist you in providing a safe footpath/roadside dining environment for your customers.

Do I need an approval?

Who needs an approval?

If your business provides tables or chairs on public land for outdoor dining you require an approval from Council.

Who does not need an approval?

    If your food business provides tables and chairs for outdoor dining on private land you do not require an approval from Council.

    How to apply

    To apply for a footpath dining approval, you need to submit a complete application to Council. The following information will assist you in ensuring your application is complete and that you consider other applications that may be required for your business.

    Development approval

    Prior to submitting your application you should ensure the site has the relevant development approval to prevent the application being delayed.

    Related applications

    • Have you obtained a Food business licence with Council? If not, refer to the food business information to make an application if required.
    • Do you intend to, or already have any advertising signs erected? If yes, refer to the advertising signs information.
    • Do you intend to make alterations to, display or place items on the footpath (for example bollards, umbrellas, planter boxes or goods for sale)? If yes, contact Council.
    • Do you intend to build additional structures such as shade awnings? If yes, you may need to obtain building approval, either from Council or a private certifier.
    • Do you intend to sell alcohol on the premises? If yes, contact Queensland Government Office of Liquor and Gaming Regulation.
    • If you are registering a new business name you will need to contact Australian Securities and Investments Commission (ASIC).
    • Is your business located or proposed to be located on a State Government controlled road? If yes, contact the Department of Transport and Main Roads for application information on Road Corridor Permits.

    Forms

    Application forms are available from Council offices.

    Plans

    Tables and chairs on the footpath must be set out in accordance with Council requirements.

    To assess the suitability of your premises, you are required to submit the following plans with your application:

    • A plan of the layout (DOC, 626 KB) showing intended location of tables and chairs and all equipment including heaters, fans, barriers, signs, planter boxes, benches and storage cupboards to a suitable scale (e.g. 1:100).  Your plan should include:
      • a clear two metre pedestrian thoroughfare
      • site boundaries, outlines of buildings and the use of the adjoining properties
      • an outline of the area intended to be used, including its size
      • the position of tables, chairs, screens, permanent fixtures such as umbrellas and awnings, and any other fixtures
      • the access and exit points of the building near the intended footpath dining area
      • details of any loading zones, bus zones, trees, planter boxes, fire hydrants, transformers, telephone booths, mail boxes, bus seats and shelters, rubbish bins, pillars, posts and other obstructions
      • the distance of the nearest residential premises and the distance to the closest bus stop (if located within 20 metres of a bus zone).
    • In addition to submitting plans you are required to submit:
      • colour photographs or brochures of the furniture, accessories or fittings you intend to place on the footpath
      • photo of the site frontage of the area.

    Certification

    Check with Council to confirm what certification may be required as part of this application.

    Public liability insurance

    You must take out public liability insurance to a minimum value of $10 million and name Council as an interested party. A copy of this document must be submitted before your application is given approval.

    You should also research all options regarding your other business insurance requirements.

    How to submit an application

    Applications can be submitted (with the relevant fee) in person at Council offices or by surface mail.

    The applicant for a licence must be a legal entity, for example, person(s) or a company. Note - a business name or shop name is not a legal entity and cannot be the licence holder.

    Application process - new

    You are responsible for ensuring the approval application is complete.

    • Prior to submitting your application you should ensure the site has relevant development approval to prevent the application being delayed.
    • Council will process your application within agreed time frames. You will be contacted should additional information be required to process the application.
    • You will be notified when a decision has been made regarding your application.
    • When approved, you can then carry out footpath dining in accordance with the approved application.
    • You must contact Council for an inspection and receive approval prior to commencing operation.
    • Council will inspect the premises on a regular basis.

    Application process - take over existing

    As a new operator you are responsible for ensuring the approval application is complete.

    • You may apply for a search to confirm that there is a current approval and to ascertain the current level of compliance. This process may require written permission from the vendor.
    • If the nature of the business is changing you may require development approval. Contact Council prior to the lodgement of your application.
    • If you intend to alter the existing approved area you are required to submit plans to Council. For further information contact Council.
    • Council will process your application within agreed time frames. You will be contacted should additional information be required to process the application.
    • You will be notified when a decision has been made regarding your application and you can commence operations.
    • Council will inspect the premises on a regular basis.

    Application process - making changes

    You are responsible for ensuring the approval amendment application is complete.

    • You are encouraged to contact Council to discuss any changes to your business.
    • If you intend to alter the existing approved area you are required to submit plans to Council. For further information contact Council.
    • Council will process your application within agreed time frames. You will be contacted should additional information be required to process the application.
    • You will be notified when a decision has been made regarding your application.
    • Council will inspect the premises on a regular basis.

    Inspections, complaints and enforcement of footpath dining

    It is the responsibility of you and your staff to ensure compliance with all legislation relevant to footpath dining.

    Legislation relevant to footpath dining includes:

    Inspections

    Council is required to monitor the standard of operations in businesses with footpath dining and this is achieved through a regular inspection program.

    Complaints

    Council has a duty to investigate and respond to complaints received.

    A complaint may result in an inspection of your premises to ensure you are complying with the legislation.

    Enforcement

    If you are providing footpath dining you must have a current approval and comply with all relevant legislation.

    If you have difficulty complying, contact Council.

    Failure to comply with Councils requirements may result in one or more of the following enforcement actions:

    • a letter being issued requiring action or work to be conducted
    • a legal notice being issued requiring action to be taken or work to be conducted
    • prescribed infringement notice (PIN or on-the-spot fine)
    • suspension of an approval
    • cancellation of an approval
    • seizure of footpath dining items
    • prosecution.

      Renewal

      You will be sent a notice prior to the expiration of your current approval that will require your immediate attention.

      If you need to amend details on your approval or require a copy of your approval, contact Council.