Outdoor dining and footpath trading

Outdoor dining

Keen to introduce an al fresco ambience to your dining establishment? If you’d like add some outdoor dining on footpaths and community land, apply to Council for approval.

Council's Outdoor Dining and Footpath Trading Policy(PDF, 870KB) explains what locations are suitable, the type of furniture and other things you need to consider when setting up an outdoor dining area for your business.

Before making an application go through our checklist(PDF, 193KB)You will need to have the following documents ready before you make an application:

  • A plan showing the proposed length and depth of the outdoor dining area. This plan must also show the width of the footpath, any Council street furniture and a minimum of 1.8m clearance along the footpath for pedestrians.
  • A floor plan showing the seats inside the premises and those proposed as part of the outdoor dining application. Where the combined number of patron seats inside the shop and those proposed as part of the application exceed 19, sanitary facilities must be provided for customers in accordance with the National Construction Code
  • A copy of your current public liability insurance document. Your policy must be for a minimum of $20 million and identify Ku-ring-gai Council as an interested party. If you are applying for outdoor dining adjacent a State Road then Roads and Maritime Services (RMS) must also be listed as an interested party
  • Photographs of proposed furniture, the area to be used and any street signs adjacent the proposed outdoor dining area.
  • If the outdoor dining area is under awnings, a current certificate of structural adequacy for the awning must be submitted. Generally you can request a copy of these certificates from the relevant property owner. 

When you have all your documents ready use our online form below to apply.

Outdoor dining online application form

Footpath trading

Keen to sell flowers outside your florist shop? Footpath trading, such as this, may improve your business. If you’d like to use the footpath in front of your shop for the purpose of displaying goods or advertising for your business, check out our Outdoor Dining and Footpath Trading Policy(PDF, 870KB) then apply. But first, make sure that your proposal can fit this criteria:

  • The space that you want to use is in front of your retail premises.
  • The area to be used has a hard surface and is sufficiently level to provide adequate stability to display stands. 
  • The display will not have a depth of greater than 1m.
  • The display will not obstruct pedestrian access to the premises or an adjoining tenancy. 
  • The display, if on a wall or under the awning, will be of a height or in a position that does create a hazard for pedestrians.
  • The display will not impact on the view of traffic and advisory signs. 
  • The goods on display will be consistent with goods for sale within the premises (note: alcohol, tobacco, flammable goods, medicines, drugs are not permitted).

You will need have the following documents ready before you make an application:

  • A plan showing the proposed length and depth of displays, the width of the footpath, location of any Council street furniture, planters, signs, power poles, lighting, public utilities and a minimum of 1.8m unobstructed pedestrian access along the footway.
  • A copy of your current public liability insurance document. Your policy must be for a minimum of $20 million and identify Ku-ring-gai Council as an interested party.
  • Photographs of the area to be used, the front of the shop and adjoining tenancies.
  • Photographs/brochures of the stands, racks, hanging mechanisms eg. flags banners, dimensions and colours proposed to advertise or display goods for sale. 

When you have all your documents ready use our online form below to apply.

Application to display goods on the footpath or under an awning

Community land

There are some circumstances where permission can be obtained for trading on community land such as in parks or sportsfields in Ku-ring-gai. Generally these activities are associated with Council approved events such as markets, festivals or in conjunction with community sporting activities. 

If you would like to engage in trade or business on community land at an event, festival or community sporting activity permission must be obtained from Council and/or the relevant event organiser. 

If you would like to participate in a Council run event or festival you can register your interest through Council’s online stallholder expression of interest form

For enquiries related to bookings of sportsfields contact sportsfieldbookings@kmc.nsw.gov.au.

To attend a privately run event you will need to contact the event organiser to find out what application process is required.

If you are a charity or not for profit organisation that would like to operate a stall for fund raising purposes you can make an application through Council’s Street stalls – non-commercial form(PDF, 226KB).

There are application and lease fees for use of footways and public land for outdoor dining and commercial trade. Refer to Council’s Fees and Charges(PDF, 3MB) for more information.