Footpath dining permits

Who needs an approval?

You require an approval from council if your business provides: 

• tables or chairs on public land for outdoor dining
• where an area is made available to the public to consume food or drinks.

Who does not need an approval?

You do not require an approval from council if your food business provides:

• tables and chairs for outdoor dining on private land 

Note: Planning approval may be required. Please contact council for more information.

Before you start

If you are starting a new footpath dining activity, taking over or making changes to an existing approval, you will need to consider planning and building approvals.

Planning approval

Your first step when starting a footpath dining activity is to check if you need planning approval. 

Council’s planning scheme guides how land can be used and developed, including footpaths owned by council and footpaths on private land.

Footpath dining may need planning approval for these activities:

• starting a new footpath dining activity
• re-establishing footpath dining that has been abandoned
• changing the intensity of existing footpath dining (e.g. increasing the number of tables and chairs)
• changing the scale of an existing business (e.g. increasing the area of footpath dining)
• building work (e.g. permanently installing awnings, tables, bollards, or umbrellas).

To find out if you need to submit a development application, you can:

• lodge an enquiry with council
• arrange a pre-lodgement meeting with council
• engage a town planning consultant registered with the Planning Institute of Australia 
• self-assess your property details against council’s planning scheme.

Building approval

Building work for footpath dining may include:

• making alterations to, or permanently installing items on the footpath (e.g. tables, bollards, umbrellas, planter boxes)
• building additional structures such as shade awnings.

All building work is assessed against the building assessment provisions (including, but not limited to, the National Construction Code and the Queensland Development Code) which set the minimum requirements for building structure, fire safety, access and egress, health and amenity, and energy efficiency.

To find out if you need building approval or building certification, you can:

• lodge an enquiry with council
• engage a building certifier registered with the Queensland Building and Construction Commission
• check if the type of building work is accepted development that may not require approval under Building Regulation 2021

If you intend to build on or over council land, you will require approval from council before you obtain a building approval from a certifier. Please contact council for more information.

Applications can be submitted (with the relevant fee) in person at council offices, by email or posted.

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

A new application is not required for minor changes (e.g. a change of contact details). Contact council for these changes. Find out how to make other types of changes to an existing licence in this section.

Use this information to assist you in ensuring your application is complete and to consider other applications that may be required for your business.

Forms

• Footpath Trading Application (Word 716KB) (includes goods on footpath)

Related information:

• Street Stall Application (Word 637KB)

Plans

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

• permits are only granted for footways adjacent to food premises
• food premise must hold a licence under the Food Act 2006.

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

1. A plan of the layout to a suitable scale (e.g. 1:100) showing intended location of:

• tables
• chairs
• all equipment (including heaters, fans, barriers, signs, planter boxes, benches and storage cupboards).

      Your plan should include:

• a clear 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 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).

2. Coloured photographs or brochures of the furniture, accessories or fittings you intend to place on the footpath.

3. Coloured photograph/s of the site frontage of the area.

Application process - new

This process is for starting a new footpath dining activity.

You must ensure the site has relevant planning and building approval before you submit a footpath dining application.

• Submit your footpath dining application and plans using the approved form. You are responsible for ensuring the application is complete.
• Council will process your application within the legislative or agreed timeframe. Council will contact you should additional information be required to process the application.
• Council may inspect the premises before making a decision.
• When council approves your application, you can commence business in accordance with the approved conditions.

Application process - taking over

This process is for taking over an existing footpath dining activity.

You will be required to apply for a new footpath trading application when you take over the business. 

You may apply for a search for information on the current footpath dining activity and the conditions of approval. This process may require written permission from the vendor.

• Submit your footpath dining application and plans using the approved form. You are responsible for ensuring the application is complete.
• Council will process your application within the legislative or agreed timeframe. Council will contact you should additional information be required to process the application.
• Council may inspect the premises before making a decision.
• When council approves your application, you can commence business in accordance with the approved conditions.

Application process - making changes

This process is for making changes to an existing footpath dining licence.

Expanding the size of your footpath dining area could change current planning and building approvals. Contact council to discuss any changes to your business prior to commencing work.

• Submit your footpath dining application and plans using the approved form. You are responsible for ensuring the application is complete.
• Council will process your application within the legislative or agreed timeframe. Council will contact you should additional information be required to process the application.
• Council may inspect the premises before making a decision.
• When council approves your amendment application, you can then commence business in accordance with the amended conditions.

Renewal

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

A notice will be sent prior to the expiration of your current approval.

Other approvals

Advertising signs licence

Depending on the type and location of advertising sign, you may need to obtain a licence. Find out more about advertising signs.

Food business licence

Most food businesses need to have a licence. Find out more about food business licences.

Liquor licence

If you intend to sell or serve alcohol on the premises you will need to apply for a liquor licence. Visit the Business Queensland website for information on liquor licences.

Public liability insurance

Copy of current Certificate of Currency (Public Liability Insurance) for a minimum $20 million in the business name, noting Sunshine Coast Council as an interested party against any claims and listing footpath trading as covered and expiry date.