Introduction
To operate your food service business outdoors, the boundaries of your liquor licence must include the outdoor dining area.
You can apply for either a temporary or a permanent change to expand your licensed boundaries to include a new outdoor dining area.
Eligibility
You can apply for a fast-track outdoor dining approval if you own an approve NSW food and beverage venue, such as a café, restaurant, small bar, pub or registered club.
How to apply
If you're wanting to establish, modify or extend an outdoor dining area, you may be eligible for the fast-track application process.
There are 2 pathways to apply. The one you use is determined by the type of land you wish to use for outdoor dining.
Pathway 1 – outdoor dining on footpaths and roads
For this type of outdoor dining, you'll need to:
- Get the local council's approval for the use of the land for outdoor dining.
- When you receive approval and the outdoor dining permit your council will provide you with a 'Liquor licence temporary change of boundaries - footpaths and roads' form.
- Complete the form and return it to your local council.
- Allow 3 working days from the date your application is received by Liquor & Gaming NSW for your permit to be approved.
Your council will send the form to Liquor & Gaming NSW on your behalf.
Pathway 2 – outdoor dining on other types of land
Other types of land include private and public land such as bowling greens and carparks adjacent to licensed premises.
Under the Government's Vibrancy Reforms, in most instances you will not need council approval for outdoor dining. If you're unsure, contact your local council.
For this type of outdoor dining, you must:
- meet the Code's State Environmental Planning Policy’s general requirements to be considered exempt development, and
- comply with the development standards that apply to private or public land or registered clubs.
For more information, see the outdoor dining factsheet.
If your venue does not meet these requirements then you should contact your local council to discuss a modification to your current approval.
You'll need to have the landholder's consent to use the land for outdoor dining, then:
- Confirm that your business meets the planning criteria set out in the Code's State Environmental Planning Policy for public or private land or registered clubs.
- Complete and submit the Liquor licence temporary change of boundaries – outdoor land excluding footpaths and roads – PDF form.
- Allow 10 days for your permit to be approved by Liquor & Gaming NSW.
Making your temporary boundary change permanent
Venues that have been operating with the temporary boundary change liquor licence for 12 months or more may be eligible to apply for fast-track process to make your temporary boundary change permanent.
Fees
There is no application fee for the temporary change of liquor licence boundary.
The fee for a permanent change of boundaries through the standard application process can be found in the liquor fee schedule.
More information
There is no application fee for the temporary change of liquor licence boundary, however your council may charge a fee for your temporary outdoor dining permit.