Footpath Seating
This permit is required for outdoor dining areas, (which means designated areas on footpaths, where tables and chairs may be provided by the food premises for customers' comfort and consumption of food) unless otherwise approved by Council.
Prescribed Conditions:
Footpaths with a minimum dimension of 1.5m clear, shall be maintained at all times. A larger minimum dimension may be required where pedestrian traffic density as assessed by an authorised person as requiring an increased clear footpath;
The footpath area shall be located adjoining the frontage of the subject premises and at least 0.3m from any street fixture or fitting. Alternative arrangements may be considered by Council on an individual basis on submission of an application specifying all aspects of proposal;
The minimum width of the footpath dining area shall be 600mm;
The footpath dining area shall generally not extend longitudinally along the length of the footpath beyond the frontage of the subject food premises. Notwithstanding this, subject to the written approval of the adjacent shopkeepers, a more extensive footpath dining area may be approved by Council;
On issue of the permit, the extent of the footpath dining area shall be marked by the applicant by way of ropes, planter boxes, or other temporary barriers approved by Council. If the applicant does not carry out this work then Council will mark the footpath at the applicant’s expense;
No footpath dining areas that are raised above the adjacent footpath level or that encroach onto the roadway will be permitted;
No footpath dining areas shall be located in a position, which in the opinion of an authorised person, will impair visibility for traffic;
In each application and from time to time thereafter an authorised person will assess the pedestrian density in the vicinity of the footpath outdoor dining area. If in the opinion of an authorised person the traffic density is such that free flow is, or would be restricted or obstructed by the footpath dining area, Council reserves the right to refuse such an application, cancel any current permit or amend the permit conditions;
The applicant shall indemnify the Council against any claim for damage or injury to any person or thing as a result of the use of the area allocated by the Council;
The applicant shall take out and shall keep in force at all times during the term of approval, public risk insurance to a value of $10 000 000.00, in the joint names of the Council, Minister of Natural Resources, the State of Queensland and the applicant, with a proof of the policy to be supplied to the Council prior to the commencement of the operations;
Tables, chairs and all moveable objects and structures shall be set out only when a business is being conducted, exemptions may be allowed at the absolute discretion of Council;
The applicant shall at all times be responsible for the cleanliness of the footpath, tables and chairs and its immediate surrounds to the satisfaction of an authorised person;
Advertising on umbrellas shall only have the food premises’ name. Third party advertising is prohibited;
All umbrellas used at approved tables in a outdoor dining are shall for safety reasons, have a minimum clearance above the footpath of two meters from the lowest point for extended arms(spokes) of the umbrella;
The state of repair and type of tables and chairs provided in the outdoor dining area shall be specified in the application for the permit and shall conform with the general amenity of the neighbouring precinct to the satisfaction of an authorised person;
Consumption of alcohol must be accompanied with the consumption of a meal whilst dining;
Food premises selling liquor for the footpath dining area must be licenced with the liquor licensing division;
Food premises offering B.Y.O. liquor service must have the following minimum facilities:
Located within the food premises, unless otherwise approved by Council;
Food premises offering B.Y.O. liquor service must ensure that alcohol is not stored upon the footpath. Eskies, large cooling container, boxes of alcohol are examples of prohibited items;
Food premises offering a B.Y.O. liquor service must ensure that a notice is placed at the footpath dining area with the following wording not less than 15mm "Liquor may only be consumed within the permitted footpath dining area with a meal";
This permit and conditions must be displayed prominently in the front window adjacent to the food premises’ main entrance.
How long does this authority remain in effect?
Expires 30 June each year
Can it be transferred?
Yes. Must complete a Transfer Application and submit to council for approval with the transfer fee.
Additional Information
Premises serving alcohol MUST acquire a Liquor Licence. Council reserves the right to object to any liquor licence application regardless of approval for outdoor dining.
Operator's Licence
The Food Act 2006 has identified the following food businesses as requiring a licence. Any food business that:
- involves the manufacture of food; or
- involves the retail sale of unpackaged food (cafe/restaurant/takeaway food bar) and is not a non-profit organisation; or
- is carried out by a non - profit organisation and involves the sale of meals on at least 12 days each financial year.
Food premises include temporary structures and mobile food vehicles, where food is handled.
A licence is not required for the sale of prepackaged food which has been prepackaged by a licenced food packing company.
Can it be transferred?
No
How long does this authority remain in effect?
Annual
What are the pre-requisites to obtaining this authority?
- Clients must ensure that the location is zoned appropriately.
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Where the business wishes to serve alcohol, a separate application must be made to the Liquor Licensing Division, Department of Tourism, Sport and Racing.
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A Food Safety Supervisor must be nominated. This person must have completed training as per Fact Sheets 18 and 19. No licence can be held without a business having a Food Safety Supervisor.
Click here to download Fact Sheet 18 - Food Safety Supervisor information
Click here to download Fact Sheet 19 - Food Safety Supervisor update
Food Premises, Places and Vehicle Registration
With the introduction of the Food Act 2006 there is no longer a requirement to hold a certificate of registration for any premises, place or vehicle at which food is sold, prepared, packed, stored, handled, served or supplied. Definition of Terms
"bed and breakfast business" is a business:
carried out by a person on premises (other than a caravan, caretaker’s or manager’s residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) at which the person lives: and
providing accommodation at the premises
for a maximum of 12 guests at the same time; and
for a maximum continuous period of 14 days for a guest; and
providing breakfast to guests.
"host farm business" is a business:
carried out on a farm involved in primary production by a person who manages, and lives on, the farm; and
providing accommodation at premises on the farm:
for a maximum of 12 guests at the same time; and
for a maximum continuous period of 30 days for a guest; and
providing meals, or food for preparing meals at the premises, to guests
Applicable Guidelines for Food Premises
Application to Cancel A Food Licence
Under the Food Act 2006 Certain Businesses no longer require a licence. These businesses include the following:
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The production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000
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The handle & sale of fisheries resources under a buyers licence issued under the Fisheries Regulation 1995
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Sale of only unpackaged snack food i.e. biscuits, cakes, confectionary, chips, nuts, glazed fruit
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Sale of only whole fruit and vegetables
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Sale of only seeds, pulses, dried herbs, tea leaves, coffee beans or ground coffee
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Grinding of coffee beans only
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Sale of drinks only (not including freshly processed fruit and vegetables)
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Sale of ice, including flavoured ice only
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You are a non-profit organisation and you provide meals that have been prepared by another organisation and the food is only stored, heated or otherwise prepared by you in accordance with the meal manufacturers directions
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You are a non-profit organisation and sell food as part of an educational training activity conducted by your organisation involving food preparation, hospitality or catering
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You are a non-profit organisation and the meals you sell consist of only fruit, cereal, toast or similar food or the consumer of the meal helps to prepare it
If you think you no longer require a licence you are able to fill in the following form and return to Council.
Application for a Temporary Food Stall Licence
Under the Food Act 2006 if you are NOT a non profit or charitable organisation and you wish to sell food only occasionally then you may need a Temporary Food Stall Licence. For example if your event is to be held away from a permanent kitchen, at a premise set up purely for the event itself. This includes races, markets, and special events such as Mararka, and The Italian Festival To apply for a temporary licence please use the form below and submit to Council with the required fee.
Information for Food Safety Programs
Please see below fact sheets 20 and 21 in relation to Food Safety Programs and Preparing food from Vertical rotating spits. Under the Food Act 2006 caterers, private hospitals, aged care facilities and childcare facilities are required to have a food safety program.
Information for Charity and Community Groups
Under the Food Act 2006 Charity and community groups selling meals on less than 12 occasions per year do not need to have a Licence. However they must still comply with the Act and ensure the food that they sell is safe and suitable. They are also required to notify Council of their activities where they sell food without a licence. For example monthly sausage sizzle fund raisers and other one off events. This is to ensure that the public is protected. Please ensure you contact Environmental Health Services on 4776 4675 to notify of your event.
