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Department of Justice and Community Safety

OUTDOOR CAFES

Outdoor cafes are administered under Sections 15A-R of the Roads and Public Places Act, 1937. 

Section 15A states that, upon the application a person may be granted a permit to place an object in, over or across a public place.

Approvals cannot be assumed

Outdoor cafe permits are not automatically provided just because there is available space outside your restaurant or cafe.

Issues that arise from this occupation require management and as such a number of factors need to be considered.  These include:

  • the health and safety of members of the public and your potential customers;
  • the retention of urban amenity and open space;
  • existing access for pedestrians and people with disabilities and future pedestrian conflicts;
  • emergency and service facilities and vehicle access.

Outdoor cafe permits will not be granted in:

  • areas located under the eaves along shopfronts where that area is outside the lease boundary;
  • areas used, or likely to be used, as main public thoroughfares;
  • areas likely to impede access for people with disabilities.

A permit may be granted subject to conditions of the type specified in Section 15D of the Act.  Urban areas are regularly patrolled and officers are empowered to inspect and enforce the conditions of permits under the Act.

Please note that outdoor cafe permits do not transfer to a new owner. The new owner will be required to submit a new application. Conditions change over time and it may not be appropriate for a new permit to be issued. 

Forms and Fees

For further information, application forms and fees, contact the Business and Industry Licensing Unit.