Outdoor dining permits
If you are a business intending to place non-fixed or semi-fixed objects in an outdoor dining area, you need a Public unleased land permit.
Examples of non-fixed or semi-fixed objects include:
- furniture like chairs, tables and benches
- shade elements like umbrellas and marquees
- portable heat lamps, planter boxes, signage and stages.
Permit process
The process to get an outdoor dining permit has 2 parts:
- Application process: gathers general information about the business, the location, hours of operation and the business owners.
- Assessment process: ensures all safety checks are undertaken for both you as a business owner and for pedestrians. These checks also ensure that utilities (above and below ground) are still accessible and that the public can still access facilities like bubblers, bike storage areas and bins.
Selling alcohol
If you plan to sell alcohol in the outdoor area you will need a liquor licence.
Before applying for an outdoor dining permit, you should apply for a liquor licence. If you already have a liquor licence, you’ll need to amend it to include the outdoor space.
Read about liquor licences.
How you’ll use the space
Your application will be assessed on how you intend to use the space.
When you apply, you’ll need to identify which category applies to your business.
You’ll also need to supply an area plan showing how you intend to use the space.
Read the guide to using public land for outdoor dining purposes [PDF 1.1MB].
View the Outdoor Dining Measurement Fact Sheet [PDF 123KB].
Read the guide for outdoor bars [PDF 405KB].
Simple
- Everything is packed away.
- Everything on outdoor public land is packed inside a shop-front or removed from site at the end of trading hours. For example, furniture, planter boxes, umbrellas, heaters and bins are all packed away.
Louise wants to try using the area out the front of her restaurant for dining during the warmer summer months. Her plan is to buy extra tables and chairs which she’ll set up and pack down inside her restaurant each day.
Louise calls the Event Coordination and Business Assist team for help. They tell her that her application falls in the ‘simple’ category.
She applies for an outdoor dining permit for the summer months. Louise’s application is approved by Access Canberra within 1 business day. She can now serve meals in the outdoor dining area. Louise will also need to pay an invoice for this outdoor dining permit.
If Louise wants to serve liquor, she must apply to Access Canberra to amend her liquor licence. Louise will need to undertake a 30-day public consultation and pay an additional fee for this.
Medium
- Some objects stay outside. For example, chairs and tables are stored away but umbrellas and planter boxes are left outside after trading hours.
- The elements left outside are secured or bolted to the ground. These items are able to be removed with limited mechanical assistance within 48 hours.
Complex
- Objects and structures permanently remain on premises, for example a marquee and stage.
- The objects are fixed permanently to the area and involve construction of some kind, for example a stage or marquee and be removed within 48 hours.
You need to lodge a Development Application for complex use of the space with the Environment Planning and Sustainable Development Directorate.
Read about Development Applications on the Planning website.
Insurance
To get an outdoor dining permit you need Public Liability Insurance that specifically covers the area you want to use. You need a minimum insurance sum of $20 million and ‘ACT Government’ noted as an interested party.
Apply for a permit
To apply for an outdoor dining permit:
- Complete the Public place permit form.
- Upload your area plan.
- Submit the form.
You’ll receive an email confirmation and Access Canberra will contact you for any further information they need.
Public consultation
If Access Canberra determines your proposed activity may have a significant impact on people nearby they will:
- publish a notice on the ACT Open Government website
- ask you to display a notice on the premises for 15 business days. The notice needs to include:
- the proposed times for the permit
- the proposed activity
- a note that submissions against the permit can be made by anyone who thinks the proposed activity will have a significant impact.
Processing time and fees
We will consult with relevant government stakeholders and contact you with any risks or concerns.
The process typically takes up to 10 business days, depending on the complexity of your application.
Access Canberra will contact you if your application is approved.
You’ll then need to pay a fee based on the location and area you’re using.
View Public Unleased Land (Fees) Determination 2022 (No 1) for the current fees.
Renew your permit
Once issued, your permit is renewable for a term of 1, 2 or 3 years.
Access Canberra will contact you when your permit is about to expire.
You’ll be asked to resubmit your application using the Public place permit form. Under type of application, select 'Renew'.
Amend your permit
Once issued, permits can only be used within the conditions they were approved for.
You need to apply for an amendment to your permit if you are:
- extending or reducing trading times
- altering your premises
- placing a structure on public unleased land.
If a neighbouring business isn’t using the space outside their premises, you may seek their permission to extend into that space. If they say yes, you can then amend your permit.
Use the Public place permit form and under type of application, select ‘Amendment’.
Transfer your permit
If you are selling your business, you can apply to transfer the ownership of your permit.
This will assess the suitability of the new applicant and the ongoing nature of your business.
Use the Public place permit form and under type of application, select ‘Transfer’.