Footpath dining (Redland) - Queensland

Service summary

The purpose of Council's Transitional Planning Scheme Policy - Outdoor Dining - is to provide you with information on urban design guidelines which ensure appropriate location, a high standard of layout and design and safety measures, whilst enabling flexibility so as to promote diversity, visual interest and compatibility with the associated business premises.

This Transitional Planning Scheme policy provides "planning and design criteria" relating to both:

  • outdoor dining areas established on public land which requires a permit under Councils Local Law and Subordinate Local Law No. 20 "Commercial Use of Roads"; and
  • outdoor dining areas established on private land as part of a Material Change of Use application under the Integrated Planning Act.

You should consult the Council's Policy Document for Outdoor Dining for further details.

If you plan to serve alcohol on the premises you must acquire a liquor licence. Council reserves the right to object to any liquor licence application regardless of approval for outdoor dining.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements


prerequisites to obtaining this authority:

  • food business licence
  • public liability insurance
  • liquor licence from Liquor Licensing Division, Office of Liquor and Gaming Regulation, if applicable
  • approval from Department of Natural Resources and Mines for any fixed structures on road reserves.

Public Land (Local Law and Subordinate Local Law No. 20):

Both new and existing operators will be required to apply for and be granted a permit under Council's Local Law and Subordinate Local Law No. 20 Commercial Use of Roads, to operate outdoor dining on public land. In addition to meeting the design elements outlined in section 10.0, you will be required to take out and maintain public liability insurance to Council's satisfaction (see section 6.0 subsection 7.0).

Private Land (Sustainable Planning Act):

Both new and existing operators of outdoor dining on private land also need to meet the design elements outlined in section 10.0 of this policy.

New Material Change of Use applications, which incorporate outdoor dining, will, as a condition of approval, be required to achieve certain design conditions based on the elements outlined in section 10.0 of this policy. Holders of existing development approvals (which incorporate outdoor dining) should also ensure their outdoor dining areas comply with the provisions of this policy.

Self-assessable land uses which incorporate outdoor dining are still required to comply with the provisions of this policy.

Prerequisites

Transferability

You can transfer this permit by submitting a consent in writing to the Integrated Commercial Team. The applicant must provide insurance details.

Duration

This permit will remain in effect for one year unless a shorter period has specifically been conditioned by council on the permit.

Fees

Contact council to determine applicable fees.

Application

You can obtain this permit by completing an application for an 'Outdoor Dining Permit' and submitting it with the appropriate application fee to the Integrated Commercial Team.

You are also required to submit:

  • a Site Analysis Plan (drawn to scale) of the proposed outdoor dining area, including furniture layout
  • photograph/s of the site
  • photographs and details of furniture
  • information that you have taken out and will maintain public liability insurance (for the outdoor dining area) to the satisfaction of Council
  • other information on additional matters (if required by Council)
  • information on your ability to satisfy the design requirements of Streetscape Design Guidelines
  • letter of authorisation from owner/body corporate.

If council requires you to submit further details, an information request will be issued.


Additional information

You require this permit if you operate any of the following types of business:

  • restaurants
  • takeaway food premises
  • cafes
  • bars
  • other food related businesses

If your business serves alcohol you must have a liquor licence. Local councils reserve the right to object to any liquor licence application, regardless of approval for outdoor dining.

Administering agency

Redland City Council

Local law(s) name

Redland City Council - Local Law 20 (Commercial use of Roads)

Contact details

Redland City Council


Operating address:
Corner Bloomfield & Middle Streets
Cleveland, Queensland, 4163
Mailing address:
PO BOX 21
Cleveland, Queensland 4163

Phone:

07 3829 8999

Fax:

07 3829 8765
rcc@redland.qld.gov.au

Website:

Redland City Council Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.