Outdoor dining

Before you can begin outdoor dining at your place of business, you will need to obtain an outdoor dining permit from us. There is no application fee involved with obtaining a permit, you simply need to submit an application for us to review and assess.

We will assess your application against the outdoor dining requirements outlined in section 6.6 of our Street Trading Policy(PDF, 1MB) before providing you with an outcome. This will include, but is not limited to:

• Providing a minimum of 2.4 metres of unobstructed pedestrian access at all times between your business and your proposed outdoor dining area
• Providing a clear path of travel for pedestrians, which is free of any obstructions
• Proposed outdoor dining area must not be on steep incline or uneven surfaces
• Proposed outdoor dining area must be adjacent to the kerb and have a clearance of 300mm from the back of the kerb
• Provision of adequate lighting if operating after daylight hours
• Proposed outdoor dining area must not extend beyond shopfront boundary, unless permission has been sought from neighbouring tenant/owner
• A liquor license must be held at all times on premise, and extend to cover the outdoor dining area, for the life of the permit
• Public Liability Insurance with minimum coverage of $20 million, which extends to the proposed outdoor dining site, must be provided (refer to section 7.4 of the Street Trading Policy).

Each application will be assessed on a case-by-case basis.

When submitting your application, you will need to outline exactly what you're proposing to include in your outdoor dining activity. You may consider including the use of:

• Outdoor tables
• Outdoor chairs
• Outdoor barriers
• Outdoor planter box
• Outdoor heating
• Outdoor cooling
• Outdoor umbrellas
• Outdoor lighting.

Please refer to the Street Trading Policy(PDF, 1MB) to view the requirements for each of the listed items.

Smoking is banned in commercial outdoor dining areas, and from within 4 metres of a pedestrian access point to a club, hotel, restaurant or café, from 6 July 2015.

NSW Health is the regulatory authority for enforcing the smoking bans, and NSW Health's authorised inspectors will continue to conduct education activities (including the issue of 'no smoking' signage to businesses), monitoring of smoke-free outdoor areas, investigation of complaints and issue cautions or penalty notices to people observed smoking in smoke free areas.

On the spot fines of $300 may apply to offenders. In addition, the business owner may be fined up to $5,500 for any detected offences.

Please refer to the Smoke-free Guide(PDF, 556KB) for commercial outdoor dining areas.

If you are a retail food business that serves food or beverages on premise, you are eligible to apply for a permit.

Types of businesses can include, but are not limited to:

• Restaurants
• Cafes
• Bakeries
• Fast food
• Takeaways
• Bistros
• Hotels.

If your business does not fall under any of the above categories, please contact us to see if you're eligible to apply for a permit.

To ensure your application is processed on time, please have the following ready before you begin your online application:

• Public Liability Insurance with coverage of $20million which extends to the proposed outdoor dining site and has Campbelltown City Council listed as an interested party
• Photo/images/manufacturers brochure of the outdoor dining furniture you're proposing to use including tables, chairs, umbrellas, heaters, barriers, planter boxes, lighting etc..
• Photo of the space outside your shopfront where outdoor dining will be conducted
• Drawn site plan of your proposed outdoor dining layout, with clearly marked dimensions showing:
  • the width of the footpath and proposed outdoor dining area
  • the location of the outdoor seating area on the footpath which also identifies the location of the associated premises and neighbouring premises
  • the layout of the outdoor dining area, including the width and length
  • the placement of outdoor dining furniture, as well as any umbrellas, heaters, barriers, planter boxes, lighting and the like
  • clearances around the outdoor dining area from trees, the kerb, street furniture, street signs, and the like
  • the location and clearances from all existing street fixtures including benches, trees, poles, bins and the like
  • the location from any nearby transport stops eg bus stops, taxi ranks, pedestrian crossings, street intersections, if any
  • the location of all doorways and service openings.

Outdoor Dining applications must be made through the NSW Planning Portal. If you already have an account, you can skip ahead to Step 2 and apply for an Outdoor Dining Permit.

Step 1: Create an account on the NSW Planning Portal

Follow the instructions below to create a new account on the NSW Planning Portal, or refer to this step by step instruction guide(PDF, 264KB) for further details.

1. Visit the NSW Planning Portal at www.planningportal.nsw.gov.au.
2. At the top right hand corner of the page is a red button titled 'My Account', click this button.
3. A registration page will open, under the blue log in buttons, there is a 'Create account' hyperlink, click this button to open the account creation page.
4. Enter your email address - this will be your user name.
5. Enter and confirm your password.
6. Enter you contact details, including a contact number (a mobile number is preferred).
7. Once you verify and agree to the Terms and Conditions, click the 'Create Account' button at the bottom of the page.
8. You will be sent an email to verify your account. Please note, this verification link is only valid for 24 hours.
9. You now are set up and can log in to the NSW Planning Portal.

Step 2: Apply for an Outdoor Dining Permit

Follow the instructions below, or refer to this step by step instruction guide(PDF, 264KB) for further details.

1. Visit the NSW Planning Portal at www.planningportal.nsw.gov.au.
2. Login using your NSW Planning Portal account, or your Service NSW account (top right hand corner of the page through the button titled 'My Account').
3. Start a new Roads Act application.
4. Fill out the required information and attach the required documents to lodge your application, specifically selecting the following for a new application:
   On the Application Details page select:
   
   a. 'I am seeking a new approval'
   b. 'Section 125' approval is being sought (Section 125 covers outdoor dining)
   
   
5. Your application will come through to us via the portal, and we will review your application. If we require anything else from you, we will contact you through the portal
6. Once a review has been completed, we will issue you with an outcome on your application through the portal.

APPLY FOR AN OUTDOOR DINING PERMIT

1. Visit the NSW Planning Portal at www.planningportal.nsw.gov.au
2. Login using your NSW Planning Portal account, or your Service NSW account (top right hand corner of the page through the button titled 'My Account').
3. Start a new Roads Act application
4. Fill out the required information and attach the required documents to lodge your application, specifically selecting the following for a renewal:
   On the Application Details page select:
   
   

   a. 'I am seeking renewal of existing valid Roads Act approval'
   b. 'Yes' the consent was applied for via the NSW Planning Portal
   c. Enter the Portal Reference number for your previously approved application (refer renewal reminder letter) By entering your previously approved reference number the type of application will be prepopulated (ie 'Section 125' (Section 125 covers outdoor dining))

5. Your application will come through to us via the portal, and we will review your application. If we require anything else from you, we will contact you through the portal

Once a review has been completed, we will issue you with an outcome on your application through the portal.

Join our city's initiative to maintain our identity as a green city by incorporating a green theme to your outdoor dining. You may consider including:

• Vertical planter boxes against your business façade
• Horizontal planter boxes to create perimeter around outdoor dining area
• Plant beds incorporated into outdoor furniture.

Your outdoor dining furniture must be compact and mobile so that it can be easily moved in and out of your business.

Consider exploring furniture that is modular and is easily storable.

Consider opting for modern contemporary furniture for your outdoor dining that envisions comfort, beauty and sophistication upon first glance.

To achieve this, we ask that your proposed outdoor dining furniture is not made of plastic material.

Consider incorporating what makes Campbelltown, Campbelltown. You.

Your outdoor furniture should enhance the street environment and integrate the unique elements of your surroundings.

You may consider:

• Adding your business branding onto your outdoor furniture
• Adding the Campbelltown branding onto your outdoor furniture
• Utilising similar outdoor furniture utilised by neighbouring businesses.

You must prioritise the safety of all patrons and the general public when conducting outdoor dining. Your outdoor furniture must be:

• Made out of long-lasting durable material
• Heavy enough that it does not move around
• Weather and element resistant.