Footpath dining permit (Brisbane) - Queensland

Description

Please note: Incomplete or incorrect applications may be rejected by Brisbane City Council. See Application below for further information.

You need this permit if you operate a food business next to road in the Brisbane City Council area and intend to put tables and chairs on the footpath for customers to use while consuming food and drink, for example:

  • restaurants
  • takeaway food premises
  • cafes
  • bars.

You do not need a Footpath dining permit for Queen Street, Chinatown or Brunswick Street malls, but you do need approval for outdoor dining from Brisbane City Council City malls. See 'Outdoor Dining in Malls Permit Application' form below.

A food business that provides tables and chairs for outdoor dining in the following examples does not require an approval from council:

  • facilities provided on private land.

Service type

Licence

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

Eligibility requirements

Before you can obtain this licence you must have the following:

  • food business licence
  • building approval from a building certifier if you intend to make alterations to the shop front or put up awnings or umbrellas
  • if serving alcohol, a liquor licence from the Office of Liquor and Gaming Regulation, if necessary.
  • if the premises is on a designated main road, a written approval from the Queensland Department of Transport and Main Roads
  • public liability insurance (before the footpath dining area starts operating).

Note: If your application is approved, you will need to pay an additional footpath occupation fee, council will advise the amount of this fee when notifying you of the approval, as it depends on the size of the footpath area to be used.

Prerequisites

Duration

This licence is issued for 1 year from the date of approval and can be renewed annually. You will be sent a notice prior to the expiration of your current approval that will require your immediate attention. If you need to amend details on your approval or require a copy of your approval, contact council.

Fees

Contact council to determine applicable fees.

Local law(s) name

Brisbane City Council - Footpath Dining Local Law 2011 2011

Application process

Complete the Footpath dining permit application form and submit it to council online, by mail or in person with the correct fees and all required documentation attached.

Transfers and amendments must be lodged by mail or in person at your nearest council regional business centre.

Attach the following plans to your application (Note: items 1 - 4 are mandatory if the premises does not currently hold a footpath dining permit or if alterations are to be made to the footpath dining area):

  1. Site plan (1:100 scale)
  2. Dimensional plans of the footpath dining and surrounding area (1:100 scale)
  3. Photographs of the site frontage and the proposed area to be used for dining
  4. Photographs or brochures of the furniture, accessories and fittings intended to be placed on the footpath
  5. If the premises is on a designated Main Road, a written approval from Queensland Department of Transport and Main Roads.

Plans should show:

  • site boundaries, outlines of buildings and the use of the adjoining properties
  • an outline of the intended footpath dining area, including its size
  • the position of tables, chairs, permanent fixtures such as umbrellas and awnings, and any other fixture
  • the access and exit points of the building near the intended footpath dining area 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)
  • name, address and phone number of the draftsperson
  • name of the premises
  • real property description
  • drawing scale

Council may inspect the premises during or shortly after the licensing process.

If you are an agent for the proposed licence holder, e.g. solicitor or consultant, and you are lodging the application on their behalf, you must provide proof of authorisation. An Agent Authorisation form is supplied for this purpose.

You must supply all mandatory information and documentation when making an application. If your application is substantially incomplete, or incorrect, Brisbane City Council will not be able to process the application. Council will not refund fees in this case. You may need to pay a resubmission fee if you resubmit an application that has previously been refused for this reason.

If you have any questions about your application, contact the Brisbane City Council call centre.

Renew

To renew your licence online at the Brisbane City Council website, you will need your renewal notice. Select the Payments and eServices tab, click on Pay a bill, click on Health and Environmental permit renewals. You can also renew your licence by phone or in person at any Brisbane City Council regional business centre.

Transfer process

You can transfer a Footpath dining permit if it is current (not lapsed), the food business licence for the premises is also current, and there will be no significant alterations to the footpath dining area.

If there will be significant alterations, contact council and ask to speak to a development officer, Environmental Health to determine what type of application you need to make.

If you are buying a food business, council strongly recommends you obtain a council inspection report (previously known as a Vendor's Certificate) before you proceed with the purchase to make sure the premises complies with the legislation.

To transfer this permit:

  • after settlement, the new owner should complete a Food business licence application form
  • on the form, tick the Transfer of licence application type and provide the current licence number
  • the previous licence holder must sign the form
  • submit the application with the correct fee and documentation either by mail or in person at the nearest council regional business centre
  • unlike a new licence application, footpath occupancy fee must be paid when you submit the transfer application
  • you cannot lodge a transfer application online.

If an inspection report was not obtained, a council officer may inspect the premises as part of the transfer process. It must comply with all legislative requirements for the transfer to be approved.

Additional information

Local councils reserve the right to object to any liquor licence application, regardless of approval for outdoor dining.

 

Administering agency

Brisbane City Council

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Regional Centre - East

Brisbane City Council

Operating address: 2 Millennium Boulevard
Carindale
Queensland 4152
Phone: 07 3403 8888

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Brisbane City Council

Operating address: Library & Customer Centre, 266 George Street
Brisbane
Queensland 4000
Mailing address: GPO Box 1434
BRISBANE
Queensland 4001
Phone: 07 3403 8888
Fax: 07 3403 9982
Website: Brisbane City Council (Opens in new window)

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Regional Centre - South

Brisbane City Council

Operating address: 661 Compton Road
Sunnybank Hills
Queensland 4109
Phone: 07 3403 8888

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Regional Centre - West

Brisbane City Council

Operating address: 70 Station Road
Indooroopilly
Queensland 4068
Phone: 07 3403 8888

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Regional Centre - North

Brisbane City Council

Operating address: 960 Gympie Road
Chermside
Queensland 4032
Phone: 07 3403 8888