Frequently Asked Questions
What happens to my Footway Usage (outdoor dining) approval when I sell my business?
Footway Usage (outdoor dining) approvals can only be transferred when the change of ownership form is lodged with Council. The form can be found in the Footway Usage Application Process for outdoor dining page.
How do I terminate my Footway Usage (outdoor dining) approval and retrieve my security deposit?
To terminate your Footway Usage approval you must write to Council (giving one months notice from the end of the billing cycle). You must state the name of your business, the applicant’s name, the date you wish to terminate your usage approval, the reason for terminating your approval, your forwarding address and your phone number or if you would like your deposit Direct Credited into your bank account please provide your bank account details. The name on the bank account must be the same as the name on the Security Deposit receipt.
The Billing cycle is from the first day of the month to the last day of the month, eg. 1/10/2010 to 31/10/2010.
Where can I obtain a copy of the Footway Usage (outdoor dining) application form?
The Footway Usage approval form, Application for footway usage (outdoor dining) . You can also get a copy at any of Council’s Office locations.
What are the costs involved in setting up my Footway Usage (outdoor dining) approval?
The application fee is:
- $300.00 for a Change of Ownership Application
For all other Footway usage applications
Inside DA required zone:
$285 change of use DA fee (if there is not already a DA for the outdoor seating) + $285 outdoor dining application fee + $110.00 notification fee. The notification fee is $830.00 rather than $110.00 where the business seeks to operate its' outdoor dining area after 10pm.
Outside DA required zone:
$285 outdoor dining application fee + $110.00 notification fee. The notification fee is $830.00 rather than $110.00 where the business seeks to operate its' outdoor dining area after 10pm.
If your application is approved, then:
- A security deposit equivalent to 3 months rental or a minimum of $500.00
- The first months rental, the rental is dependent on the area of your approved seating and the zone your approval falls in (see below for zone rental amounts).
What are the Costs per Zone (incl. GST)?
The cost of footway usage depends on the location in the city. Refer to the Footway Usage Fees for more information.
What are the costs for renewing my usage approval?
The costs involved are:
- The application fee
- You may be required to pay a top up security deposit if we currently hold an amount significantly less than 3 months rental
Will I need to submit a Development Application (DA) as well as a Footway Usage (outdoor dining) application?
The Footway Usage approval consent area map shows which areas require a Development Application to be submitted as well as a Footway Usage (outdoor dining) application and which areas do not. Please contact City of Sydney staff on 02 9265 9333 if you are unsure. In the event that you are required to lodge a DA, additional fees will be incurred. Council staff can inform you of the additional fees.
How do I obtain Owners Consent from Council?
Owners consent will be granted as part of the assessment. However owners consent will be refused if there is any outstanding debt for previous footway usage.
What do I show on my site plan?
The site plan should be on A4 size paper at an appropriate scale, eg. 1:100,1:150, 1:200 etc.
The plan should show the width of the building, the location of building lines, the location of the kerb.
The location of any entrances, doors, street furniture, ie. park benches, bins, power poles, light poles, street signs, trees etc.
The plan should show dimensions, such as: the width of the footpath to the building line, the length of the building frontage, the clearances of the seating layout to the kerb.
Please indicate on the plan the side boundaries, the address and name of the neighboring businesses and subject premises, indicate (diagrammatically) the position and the name of the nearest side streets.
Please accurately show the position of the seating area, include the dimensions of this area and show the proposed position of the tables and chairs, umbrellas, heaters, screens etc.
Please show, at the bottom of the plan the total area of the outdoor seating and total number of tables, chairs, umbrellas, heater etc.
If the seating area fronts the neighboring property, dimensions accurately locating this seating in relation to the subject property must be shown.
Please see here for an example of a site plan.
Can I have my seating fronting the neighbouring premises?
You can only get approval for seating adjacent to the neighbouring premises if you can provide a letter from both the owner and occupier of the premises stating that they give their permission for the outdoor seating to be placed in front of their property.
What documents do I need to attach to my Footway Usage (outdoor dining) application?
You will need to attach a plan of management, photos of the site and to scale site plan. All documents must be placed in electronic format on a disk. Please refer to the City's guide to submitting digital copies of applications.
How do I lodge my application(s)?
You can lodge your application at any of Council’s office locations. You can also mail your application to Council, you will need to include a cheque for the lodgment fee.
What are the steps involved in assessing my application?
- Lodge the Application(s).
- Council Officers will visit the premises and assess the suitability of the site for outdoor seating.
- The proposed outdoor seating will be notified to surrounding residents and businesses. The applicant will be required to place two laminated notification letters on the window of the premises for the duration of the notification period.
- During the notification period the proposed seating will be referred to internal stakeholders and licensing police.
- When all comments are received they will be assessed and a recommendation will be made.
- If the application is approved a letter of offer will be posted out to the applicant. The letter offer will need to be signed and sent back along with the payment of all fees as outlined in this letter.
- Once all the fees and charges and required documents have been provided a display notice will be sent out. This notice consists of a laminated plan and schedule. The display notice must be placed on the window of the subject premises at all times.
When can I put my tables and chairs out?
You can only put your tables and chairs out when you receive your display notice. The number of tables and chairs, the location and the hours of operation of the outdoor seating area must adhere to the terms and conditions set out in your display notice.
Can we place heaters and or umbrellas in the approved area?
You can place heaters and umbrellas on the footway as long as they are within the guidelines set out in the Outdoor Café Policy.
Can I display goods on the footway?
No, presently there is no policy available within Council that allows for the display of goods on the footway. However, a draft policy is currently being reviewed by Council.
Do I need a Plan of Management Plan?
A Plans of Management is required if you intend to serve alcohol on public land. It is the responsibility of the approval holder to ensure that the outdoor seating area is well managed to ensure that there is no adverse impact on the amenity of the neighbourhood.
What do I put in a Plan of Management?
The Plan of Management should include information about the management of a premise (locality, security measures used, capacity, noise, hours of operation etc.). The Plan of Management should also describe the methods used by the premises to manage their business, e.g. crowd control, noise control and waste management.
Can the City of Sydney terminate my footway usage approval before the expiry date?
A footway approval can be terminated where there have been a maximum of three (3) breaches of approval conditions in a 12 month period. After each breach a compliance letter will be sent to the footway usage approval owner to remind them of the approval conditions.
Each arrears letter sent out counts towards the limit of three breaches. Consequently, rent arrears that extend into a second month of arrears will incur three letters and may lead to termination of the approval. Direct debit payments are encouraged.
The City Rangers and the Licensed Premises Inspectors will also impose Penalty Infringement Notices (PINS) where there is a clear breach of approval conditions, which will result in the payment of a fine.
Some examples of possible breaches of conditions may include:
- Rent arrears
- Operating outside of approved hours
- Operating outside of approved area
- Not displaying approval
- Consistent lack of cleanliness
- Not bringing in tables and chairs when the approved hours are over
- Having unapproved structures
- Causing a nuisance, disturbance, or obstruction
Please note is not a complete list of possible breaches. Please refer to the approval conditions for further conditions.
Does the City of Sydney offer any support to small businesses?
The City of Sydney offers advice and assistance if you are setting up a business in a laneway or a small bar.
Last Updated: Wednesday 24 August, 2011
