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These guidelines relate to the Alfresco Restart rebate.

1. About the program

1.1 As NSW comes out of lockdown, the NSW Government aims to make it easier for small and medium food and beverage businesses to use outdoor dining to support their operations. The NSW Government has made changes to liquor regulation and planning requirements to allow councils across NSW to streamline their approval processes enabling businesses to create or expand alfresco dining areas such as footpaths and public spaces. In line with the media release on 14 October 2021, certain eligible Small and Medium Food and Beverage Businesses will be able to claim eligible expenses incurred from 14 October 2021 to 30 April 2022.

1.2 Councils or Place Management NSW, for areas such as The Rocks or Darling Harbour, can process outdoor dining applications from lawful food and drink premises as exempt development, without needing a development application for the outdoor dining area. Instead, Councils can issue outdoor dining approval to use the footpath or public open space under the Roads Act 1993 (NSW), Local Government Act 1993 (NSW) and their own outdoor dining policies.

There are also temporary exempt measures in place for food and beverages premises to use other public or private land, and registered clubs to repurpose their land for outdoor dining until 18 April 2022. After this point, a venue would need to submit a development application to use the land.

1.3 Liquor & Gaming NSW (L&GNSW) has waived the application fee for this change until 30 June 2022. Applications may be lodged via the ePlanning digital service on the NSW Planning Portal or Councils may use their own application systems if preferred. Once the council approves the application, L&GNSW generally approves liquor licence boundary changes (if applicable) within 3 days (reduced from 30 days). L&GNSW has waived the application fee for this change until 30 June 2022.

1.4 A one-off rebate of up to $5,000 is available to the first 5,000 approved eligible Small or Medium Food and Beverage Businesses to create or expand their alfresco areas to enable increased capacity. This rebate will be delivered by Service NSW on behalf of the NSW Government.

1.5 By applying for the rebate, applicants agree that their application may be subject to an audit by the NSW Government or its representatives.

1.6 The rebate will be available from late February 2022 until 11:59pm, 30 April 2022. Businesses can claim the rebate against eligible expenses incurred from 14 October 2021 until 11:59pm, 30 April 2022 (eligible expenses outlined in clause 6.4).

2. Available funding

2.1 The rebates will be split and allocated, as follows:

a. 3,500 Small or Medium Food and Beverage Businesses located in Greater Sydney; and

b. 1,500 Small or Medium Food and Beverage Businesses located in New South Wales outside of Greater Sydney, (together, the Successful Customers).

2.2 The Successful Customers will be provided a one-off rebate up to the value of $5,000.

2.3 The rebate will be provided as a one-off payment. This means evidence of all expenses and costs intended to be claimed must be collated and lodged together as part of a single claim.

3. Eligible businesses

3.1 Businesses may be eligible for a one-off rebate of up to $5,000 on eligible expenses where they are a business that:

a. is opening or expanding to permanent or temporary alfresco dining areas such as on footpaths and public spaces, from 14 October 2021 to 30 April 2022; and

b. has incurred/will incur eligible costs and expenses in relation to opening or expanding its alfresco dining areas between 14 October 2021 and 30 April 2022;

c. is defined by at least one of the following ANZSIC (Australian and New Zealand Standard Industrial Classification) codes:

i. Code 4511 Cafes and Restaurants;

ii. Code 4520 Pubs, Taverns and Bars;

iii. Code 4530 Clubs (Hospitality);

iv. Code 4400 Accommodation, however limited only to businesses engaging primarily in hotel operation and motel operation. For the avoidance of doubt, code 4400 does not include, for the purposes of these guidelines, businesses operating camping grounds, caravan parks, holiday houses and flats, resorts, serviced apartments, ski lodges, student residence and youth hostels;

v. Code 1212 Beer Manufacturing;

vi. Code 1213 Spirit Manufacturing;

vii. Code 1214 Wine and other Alcoholic Beverage Manufacturing;

c. has a current and active Australian Business Number (ABN), held before 1 June 2021. This does not include ABNs that were registered after 1 June 2021 and the start date has been altered retrospectively in the Australian Business Register to precede 1 June 2021;

d. has its operating premises physically located in NSW;

e. has an aggregated annual turnover less than $10 million (inclusive) for the year ended 30 June 2021;

f. has obtained development approval and approval to use the land from council, Place Management NSW or private land approval at the time of claiming the rebate; and

g. for liquor licensed venues that wish to change their liquor licence boundary, have approval for the change from L&GNSW.

3.2 Applications will be limited to one application per ABN, allowing expenses to be utilised at multiple business locations if eligibility criteria are met.

3.3 An application for the payment under the Scheme must be made by a business who is seeking payment. An Authorised Representative may apply via their MyServiceNSW Account.

4. Online registration

4.1 An online registration form will be made available for businesses to register and confirm their eligibility for the $5,000 rebate in December 2021.

4.2 Businesses will need to self-declare during the online registration process that they meet the eligibility criteria listed under clause 3. This will not include providing receipts evidencing the costs incurred given the rebate may be used to cover expenses following online registration.

4.3 A business can withdraw their registration at any point.

4.4 Successful Customers will be selected from the online registration process as set out in clause 2.1 – i.e., the first 3,500 applicants will be selected from Greater Sydney and the first 1,500 applicants selected from New South Wales, outside of Greater Sydney.

4.5 Successful Customers will be notified of their successful application and the rebate redemption process that will follow.

4.6 Successful Customers will have the rebate available to them from late February 2022.

5. How the rebate may be used

5.1 Funding may be used to help reimburse businesses for costs associated with creation and expansion of alfresco dining areas. A list of eligible expenses and costs can be found below at clause 6.4.

5.2 The rebate will be provided as a one-off payment. This means evidence of all expenses and costs intended to be claimed must be collated and lodged together as part of a single claim.

5.3 Businesses apply for the rebate through Service NSW’s website, demonstrating proof of eligibility in line with the criteria set out below.

5.4 Businesses will claim the rebate through their MyServiceNSW Account, upon submitting proof of payment of eligible expenses.

5.5 Claims must be made by a legitimate applicant authorised to act on behalf of the eligible business.

5.6 Claims must be made by 30 April 2022.

6. Evidence in support of eligibility

6.1 Successful Customers are required, when making a claim in accordance with clause 4.1, to:

a. as of 1 June 2021, have a valid and active Australian Business Number (ABN);

b. submit an Australian Income Tax Return to demonstrate their business had an aggregated annual turnover of less than $10 million for the year ended 30 June 2021;

c. submit council rates notices or lease agreements to evidence their business was operating in New South Wales on 1 June 2021. Where this is not available, utility bills or insurance papers may be considered;

d. submit documentation from the relevant council approving use of the relevant land for outdoor dining in accordance with necessary approvals and requirements. This may include council approvals, council permits, site plans approved by the council, and the written consent of the private landholder;

e. for licensed venues approved for the liquor licence boundary changes under Form AM0521, Form AM0522 or any other form, submit a copy of the temporary change of boundary area approved by L&GNSW;

f. submit receipts for incurred eligible expenses in accordance with clause 6.4 during the period of 14 October 2021 to 30 April 2022; and

g. where relevant, submit a copy of the business’ liquor licence.

6.2 Applicants may be required to submit further evidence, including evidence of the Alfresco works such as photos clearly showing the creation or expansion of the Alfresco area.

6.3 Service NSW will require Successful Customers to provide evidence of their eligible expenses at the time of making a claim for the rebate.

6.4 Eligible expenses include:

Creation or expansion of Alfresco

1. Temporary ground surfaces:
  • levelling of sites to make safe
  • decking
  • other temporary coverings (Astro Turf, Matting)
2. Traffic mitigation/barriers (where not provided by Council):
  • Including fencing to manage capacity in line with COVID-19 restrictions and regulations made under the Public Health Act 2010 (NSW)
  • Note: fencing carrying third party advertising is not eligible
3. Generators (if required)
4. Installation of outdoor power points
5. Lighting, including decorative lighting such as festoons
6. Additional furniture for fit-out of the outdoor area, including tables, chairs, waiter stations
7. Non-fixed elements such as play spaces and interactive art
8. Weather protection for shade and rain, including umbrellas
9. Parklets or similar mobile seating areas
10. Heaters, fans and misters
11. Mobile bar
12. Additional point of sale
13. Pest treatment.

7. Available payment

7.1 Applicants can apply for a payment of up to $5,000 to cover eligible expenses, where they create or expand permanent or temporary alfresco dining areas such as footpaths and public spaces from 14 October 2021 to 30 April 2022.

7.2 Payments will be made to the first 5,000 Successful Customers in accordance with clause 6.4 on the condition they meet the eligibility criteria and evidentiary requirements.

7.3 Payments will be credited to the Successful Customer’s nominated bank account, and where possible, within 10 business days of an eligible expense claim being approved.

7.4 Applicants must comply with these guidelines. To receive a payment, applicants will be required to state that they agree to comply with the guidelines.

8. Application requirements

8.1 Businesses are required to register and apply online through Service NSW. Applications will not be accepted at service centres.

8.2 All questions in the application need to be completed to ensure timely assessment and payment.

8.3 Only authorised representatives may apply.

8.4 Applications will be limited to one application per ABN, allowing expenses to be utilised at multiple business locations if the eligibility criteria is met. Supporting evidence will need to be provided during the rebate claim.

8.5 Applicants consent to Service NSW undertaking data validation with and collecting and disclosing information including personal information to relevant Commonwealth and State government agencies and departments, including but not limited to Services Australia, Department of Customer Service and local councils, for the purpose of verifying the particulars of the applicant’s application.

9. Compliance

9.1 If any information in the application is found to be false or misleading, the payment will be repayable on demand. It is an offence to provide false or misleading information to a public authority, pursuant to the Crimes Act 1900 (NSW).

9.2 Applicants may be subject to audit by the NSW Government or its representatives for a period of 7 years after the closing of the rebate. Under the audit, applicants may be required to produce further evidence, including but not limited to, evidence demonstrating that they meet requirements of these guidelines.

10. Other information

10.1 Service NSW reserve the right to withdraw or amend the payment or these guidelines and application terms at any time as they deem appropriate without notice.

10.2 Further information can be found on the Service NSW website.

11. Definitions

Aggregated annual turnover means aggregated turnover as defined in s. 328.115 of the Income Tax Assessment Act 1997 (Cth) ('ITAA 97'). Aggregated turnover includes the annual turnovers of entities (including foreign entities) that are connected with or affiliates of the business entity. The ATO (Australian Taxation Office) has further information on calculating aggregated turnover.

For charities registered with the Australian Charities and Not-for-profits Commission (ACNC) ('registered charities'), when calculating aggregated annual turnover, gifts and government grants should be included. For not-for-profit organisations that are not registered charities, gifts should be excluded, and government grants included when calculating aggregated annual turnover. For more information, please visit the ATO website.

Authorised Representative means a person authorised by a business to register the business for the rebate and/or claim payment under the rebate.

DCS means the Crown in the right of the State of NSW acting through the Department of Customer Service.

Form AM0521 means form AM0521 'Liquor Licence temporary change of boundaries – footpaths and roads'.

Form AM0522 means form AM0522 'Liquor licence temporary change of boundaries – outdoor land excluding footpaths and roads'.

Greater Sydney includes the following LGAs: Bayside NSW, Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canada Bay, Canterbury-Bankstown, Central Coast, Cumberland, Fairfield, Georges River, Hawkesbury, Hornsby, Hunters Hill, Inner West, Ku-Ring-Gai, Lane Cove, Liverpool, Mosman, North Sydney, Northern Beaches, Parramatta, Penrith, Randwick, Rockdale, Ryde, Strathfield, Sutherland Shire, Sydney, The Hills Shire, Warringah, Waverley, Willoughby, Wingecarribee, Wollondilly and Woollahra.

L&GNSW means Liquor and Gaming New South Wales.

Service NSW means the Crown in the right of the State of NSW acting through Service NSW.

Small or Medium Food and Beverage Business means a business that meets the criteria in clause 3.1.

Successful Customer has the meaning given in clause 2.1.

Terms and Conditions means the Terms and Conditions for participation in the Rebate.

12. Supporting links