Apply for Approval for Footway Dining

This application form should be used when a restaurant or cafe wish to use any public land (including Public Roads) in the Lake Macquarie City Council Local Government Area that is owned or under the care, control and management of Council, as an outdoor dining area for patrons. This particularly applies to footpaths next to the subject café or restaurant.

If you are interested in participating in the Outdoor Dining Pilot as part of the VibrantSCENE program complete the expression of interest form.

The outdoor dining part of VibrantSCENE will be undertaken in two parts. The first is looking at how Council can adopt the State Government’s Outdoor Dining Policy and its associated processes.

The second part involves businesses and Council staff coming together to design outdoor dining ‘precincts’ on Council-owned land (e.g. parks, road reserves, carparks, etc). Under the pilot program, existing hospitality businesses will be able to place outdoor furniture in these precincts, which will be designed to balance the needs of the community and businesses alike.

 

Online

Step 1.Gather your documents

Approval to use a portion of the footway for Footway Dining, is made under Part 9, Section 125 of the Roads Act 1933.

As part of this application you will need to provide the following documents:

  • An identification diagram of the proposed footway dining area. This diagram should include:
    • width of access for pedestrians
    • frontage of the site, size of the area proposed to be use for dining purposes; and
    • location of proposed furniture and details of other street furnishing such as trees and details of existing obstructions e.g rubbish receptacles, hydrants etc
  • A brochure/photograph of the type of furniture proposed to be used (tables and chairs situated on the footway are to be of a smart design and not of plastic construction)
  • Evidence of adequate public liability insurance for $20,000,000.

Your insurance broker will be able to provide a 'Certificate of Currency', which should list Lake Macquarie City Council under 'Interested Party' with regard to footway dining, provide an expiry date and the amount of public liability coverage.

For further advice on what to submit, please refer to our Footway Dining Procedure(PDF, 2MB), Policy(PDF, 112KB) or contact our Customer Service Centre on 02 4921 0333, Monday-Friday, 8am-5pm.

Step 2.Pay

Annual charges are based on the rate/square metre/annum and will increase annually in accordance with the terms of the Footway Dining Approval.

There are two tiers of fees for footway dining depending on where the dining is located:

  • Tier 1 – All of Charlestown, Toronto and Warners Bay
  • Tier 2 – All other suburbs excluding Charlestown, Toronto and Warners Bay

Fees will be calculated by Council staff and provided to you in writing after we've received your application for a Footway Dining Approval.

You will not be issued an approval until all fees have been paid.

Step 3.Apply

Once your have gathered your documents, you can apply online for a Footway Dining Approval. You'll need to upload electronic versions of the required documentation in order to complete your application.

In person

Step 1.Gather your documents

Approval to use a portion of the footway for Footway Dining, is made under Part 9, Section 125 of the Roads Act 1933.

As part of this application you will need to provide the following documents:

  • An identification diagram of the proposed footway dining area. This diagram should include:
    • width of access for pedestrians
    • frontage of the site, size of the area proposed to be use for dining purposes; and
    • location of proposed furniture and details of other street furnishing such as trees and details of existing obstructions e.g rubbish receptacles, hydrants etc
  • A brochure/photograph of the type of furniture proposed to be used (tables and chairs situated on the footway are to be of a smart design and not of plastic construction)
  • Evidence of adequate public liability insurance for $20,000,000.

Your insurance broker will be able to provide a 'Certificate of Currency', which should list Lake Macquarie City Council under 'Interested Party' with regard to footway dining, provide an expiry date and the amount of public liability coverage.

For further advice on what to submit, please refer to our Footway Dining Procedure(PDF, 2MB), Policy(PDF, 112KB) or contact our Customer Service Centre on 02 4921 0333, Monday-Friday, 8am-5pm.

Step 2.Pay

Annual charges are based on the rate/square metre/annum and will increase annually in accordance with the terms of the Footway Dining Approval.

There are two tiers of fees for footway dining depending on where the dining is located:

  • Tier 1 – All of Charlestown, Toronto and Warners Bay
  • Tier 2 – All other suburbs excluding Charlestown, Toronto and Warners Bay

Fees will be calculated by Council staff and provided to you in writing after we've received your application for a Footway Dining Approval.

You will not be issued an approval until all fees have been paid.

Step 3.Visit us

Once your have gathered your documents, visit our Customer Service Centre who will assist in completing the application online. You'll need to upload electronic versions of the required documentation in order to complete your application.

In light of restrictions caused by COVID-19, access to our Customer Service desk in Council's Administration Building is by appointment only. If you require assistance from our Customer Service Centre please contact them on 02 4921 0333.