The Office of Regulatory Services is responsible for the administration of outdoor cafe permits in accordance with the Roads and Public Places Act 1937 (the Act).

• Do I need an outdoor cafe permit?
• How do I apply for an outdoor cafe permit?
• What do I need to consider when applying for an outdoor cafe permit?
• Can I transfer the permit to a new owner if I sell my business?
• What do I need to do to extend my liquor licence to the permitted area?
• How do I complain about an outdoor cafe?

Do I need and outdoor cafe permit?

An outdoor cafe permit is generally required where a public place is to be used as an outdoor cafe.

How do I apply for an outdoor cafe permit?

You may apply for an outdoor cafe permit by completing an Application to Establish an Outdoor Cafe and paying the prescribed fee.  With your application you are also required to provide:

• a copy of the current business name certificate or company certificate;
• a copy of your public liability insurance certificate to the value of $20,000,000 with the A.C.T. Government described as an interested party;
• photographs or pamphlets of any furniture to be placed in the area;
• detailed plans clearly showing the location, boundaries and dimensions of the area; and,
• a copy of your liquor licence if applicable.

Your application will be assessed in accordance with the requirements of the Act and the Guidelines on Applying for a New Outdoor Cafe Permit.  If you have any questions concerning your application please contact the Office of Regulatory Services.

What do I need to consider when applying for an outdoor cafe permit?

An approved outdoor cafe area is a space occupying public land.  The issues that arise regarding an outdoor cafe permit require consideration of a number of factors in accordance with the Act before a permit may be granted including:

• whether the place is a suitable place in, over or across which to place the object; and,
• whether the object will be structurally sufficient, safe and stable; and,
• the interests of the public, and in particular:
  • whether the object, placed in, over or across the place, would be likely to be to the benefit or detriment of people using the place or a place next to or near the place; and,
  • whether adequate provision is proposed to be made for the use of the object to safeguard the health and provide for the safety, comfort and convenience of people using the place or a place next to or near the place; and,
• the interests of people carrying on business near the place and, in particular, the interests of a person carrying on business near the place similar to the business carried on by the applicant (if any); and,
• if installation or construction work is proposed to be carried out in or on the place to place the object in, over or across the place:
  • whether it is desirable to allow work to be carried out in or on the place; and,
  • whether the work will be suitable for the purpose; and,
  • whether adequate provision is proposed to be made for the work to protect that safety of people using the place or a place next to or near the place; and,
• any installation or construction work to be carried out in or on the place for placing the object in, or over or across the place must be carried out in a proper, skilful and safe way; and,
• the applicant must be insured against the risk of liability that may be incurred because of the object for death, bodily injury or illness and loss of or damage to, property.

Please do not purchase furniture and fittings in anticipation of receiving a permit.  You may end up being disappointed an out of pocket.

Can I transfer the permit to a new owner if I sell my business?

Currently there are no provisions to transfer an outdoor cafe permit under the Act.  It is important that any prospective purchaser is not led to believe that they will automatically receive the same area.

What do I need to do to extend my liquor licence to the permittd area?

Liquor is not to be consumed on any outdoor cafe premises unless a liquor licence has been obtained from the Office of Regulatory Services.  To extend an existing liquor licence to your outdoor area you will need to complete an Application to Amend a Liquor Licence or Permit.

How do I complain about an outdoor cafe?

If you wish to lodge a complaint concerning an outdoor cafe permit please refer to the Office of Regulatory Services External Complaints Policy, alternatively you may contact the Office of Regulatory Services to discuss your concerns.

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