Outdoor Dining (Fact Sheet 10)

Community Living Local Law No 1 states:

4.3 Movable Signs – Tables/Chairs – Goods for Display and other Structures

  1. No person shall without a permit place or cause to be placed on a highway or Council land any structure, sign, table, chair or goods for display.
  2. If a structure, sign, table, chair or goods for display are placed on a highway or Council land contrary to clause 4.3 (a), or in contravention of any permit conditions, an authorised officer may remove and impound such item or items if a warning has previously been given to a person who apparently owns or who has placed that item for display on the highway or Council land.

Penalty

First offence - 2 penalty units ($200.00)
Second or subsequent offence - 4 penalty units ($400.00)

Permits

To obtain a Permit to have Tables/Chairs (Outdoor Dining) on Council Land (Roads and Footpaths) you must provide the following to Council:

  • Completed ‘Application for a Permit for Outdoor Dining’.
  • Payment of the Application Fee.
  • Submit a site plan that shows the dimensions of the proposed outdoor dining area, and indicates:
    • Setbacks from shop frontage, kerb and site boundaries
    • Setbacks from any existing elements such as street trees, light poles veranda posts, rubbish bins, parking meters, street furniture, etc
    • Location of parking and loading bays
    • Proposed positioning of umbrellas, patio heaters etc
    • Details of all furniture to be included (i.e. description and number of tables/chairs)
    • Details of the dimensions, materials and fixing methods of the screens
    • Details of any sign writing to be included on the screens.
  • Provide a copy of your Public Liability insurance and Certificate of Currency, insuring against liability for the death of or injury to any person or damage to any property for which cover can be extended to include the use authorised by the outdoor dining permit.
  • Ensure the service of alcohol at the outdoor dining area does not breach your Liquor Licence.

If you have received a Caution Notice-Notice to Comply please ensure that you follow the compliance details. Failure to comply may result in an infringement being issued.

For more information please contact the Local Laws Branch on (03) 5832 9741.

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