Footpath licences are issued by Council for the purposes of outdoor dining.

Before a licence can be issued for a footway restaurant, the business must obtain Development Consent under the Environmental Planning &Assessment (EP&A) Act 1979 and other statutory approvals.  If no development consent exists, a development application must be lodged first.

The footway restaurant must occupy an area of footway adjacent to an approved restaurant or other approved premises, where the use of such footway is directly related to the operation of the business.  The operations must be conducted in accordance with the conditions of the relevant Development Consent or Activity Approval and Relevant Acts.

The operator of the business wishing to occupy the footway is required to enter into a Licence Agreement with Council. The footway operation must be conducted in accordance with the conditions of the Licence Agreement, including payment of rental fees.

Approval under Section 125 of the Roads Act 1993 must be obtained for a footway restaurant or café.  It may involve the installation of temporary or permanent structures.  Permanent structures must have approval under Section 138 of the Roads Act.

Relevant Legislation

Section 125 of the Roads Act

Application for a footway restaurant licence (PDF File; 115.9kb)

Policy and Procedures for Footway Restaurants and Display of Goods (PDF File; 73.3kb)