Outdoor dining

Outdoor dining is expanding your business dining area on public land.

To set up temporary outdoor dining or seating areas including tables, chairs and outdoor heaters on public land you will need approval.

Council regulates these activities to ensure they are carried out safely while taking other public space users and residents into consideration, and to maintain the purpose and amenity of our public spaces.

You need to submit your application and all supporting documentation at least 30 business days before you want to create your outdoor dining area. Once all supporting documents have been provided, your application will be reviewed and assessed under the Commercial Use of Public Land and Roads Local Law 2023.

Additional approvals may be required if you are proposing to build or install on public land. This may include any structure that is not easily removed such as installation of tables, seating, planter boxes, awnings and umbrellas stands. For more information refer to Alteration of public land.

The proposed outdoor dining area must provide unobstructed pedestrian movement along the relevant footpath and a minimum clear pedestrian way width of two metres. 

Legislation requires outdoor eating places to be smoke-free under the Tobacco and Other Smoking Products Act 1998 and liquor consumption on footpaths is regulated under the Liquor Act 1992. Ensure that you obtain approval from the relevant approving authority.

How to apply

Step 1.Prepare a site plan

The site plan of the proposed outdoor dining area should accurately show the area of the proposed outdoor dining area as well as the location and orientation of all proposed screens, overhangs, bollards, signage, tables, chairs, umbrellas and other street furniture. All elements shown on the plan are to be reflective of actual dimensional size.

Use the Outdoor dining site plan template(DOCX, 64KB).

Step 2.Prepare a risk management plan

Complete the Risk management plan template(DOCX, 927KB). 

Step 3.Take out public liability insurance

Evidence of a current public liability insurance policy to the value of $20,000,000 in the same name as the applicant should be provided with your application.

Ensure the location listed on your policy includes public land, for example, Anywhere in Australia or Worldwide. This must be outlined either on your certificate of currency or the terms and conditions of your policy and provided to Council. If this is not listed, obtain written confirmation from your insurer.

Step 4.Prepare photographs

  • provide photographs of the location showing the site of the proposed outdoor dining area, its footpath features and its proximity relative to adjoining buildings and streetscape elements.
  • provide photographs and details of temporary furniture and/or detailed architectural drawings of chairs, tables, screens, bollards, umbrellas and other furniture proposed for the outdoor dining area, including cooking devices, heating and lighting. 

Step 5.Review conditions

Review and understand the Commercial use of public land and roads conditions(PDF, 549KB). Specific conditions may be added after your application has been assessed.

Step 6.Review fees and charges

In accordance with Council’s fees and charges, the costs are:

  • an application fee of T1206 if the proposed site is greater than 10 square metres OR
  • an application fee of T1203 if the proposed site is 10 square metres or less

This fee is payable at the time of application. Council will contact you for payment.

Other fees are payable when your activity is approved or renewed:

  • a T1194 annual commercial fee if the site is greater than 10 square metres. This fee is on a pro rata monthly basis to 30 September.
  • a T1209 annual renewal fee if the site is greater than 10 square metres.
  • there is no annual renewal fee if the site is 10 square metres or less.

The renewal period for approval is from 1 October to 30 September.

Charities and not-for-profit organisations are exempt from paying fees if evidence is provided. 

Step 7.Complete an application form

Download and complete the Commercial use of public land and roads application(PDF, 943KB) form.

Submit your completed application form along with supporting documentation using any of the below options:

  • by post: mail to City of Moreton Bay, PO Box 159 Caboolture QLD 4510
  • by email: council@moretonbay.qld.gov.au
  • in person at a customer service centre.

The applicant for an approval must be a legal entity, such as an individual, company, incorporated body, unincorporated body, partnership, body corporate or trustee. 

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