If you are a registered food business and you want your customers to dine outside on the footpath you will need an Al fresco dining permit.
To ensure the safety of everyone who travels on the footpath in front of your property there are rules that state where and when you can do these things on the footpath. There are different zones on the footpath.
If you are not sure if the area you want to put your tables and chairs is a council footpath or another communal area you can check with us by telephoning 03 5272 5272.
Types of Al fresco (outdoor) dining
- Outdoor Dining (Temporary) - means dining outdoors on Council land where all furniture and other items are removed from such site by 1:00 am each day or at the close of business, whichever the earlier and not place such items back on to such land prior to 7:00 am on any day
- Outdoor Dining (Fixed) - means dining outdoors on Council land where all furniture and other items (except Fixed Barriers) are removed from such site by 1:00 am each day or at the close of business, whichever the earlier and not place such items back on to such land prior to 7:00 am on any day.
If you propose to serve alcohol on the footpath you must do so in the Outdoor Dining area that has been endorsed as part of the Licensed Area for that premises. You might want to check your liquor license before you make a decision about this.
More information on liquor licenses in outdoor dining areas can be see at Victorian Commission for Gambling and Liquor Regulation (VCGLR) website.
The Al fresco or outdoor dining application is made by completing a Footpath Trading Application form.
Before you make application you should check that you meet the following criteria:
Footpath width must be greater than 2900 millimetres (2.9 metres)
Al fresco Dining to be placed directly out the front of the business
Al fresco Dining to be placed kerbside
All items must be placed 750 millimetres from the kerb. There must be a minimum of 1.5 metres clearance between the item/s placed and the property line
Al fresco Dining not to be placed in an exclusion zone (that is: loading zone, no stopping zone, bus zone, taxi zone, Disabled Parking or adjacent to any red sign zone)
Al fresco Dining to be placed where a natural barrier of parallel parked cars provide protection to diners
Business must have or have access to toilet facilities where total seating numbers exceed 20
Al fresco Dining to be displayed during business operating hours only up until 1am unless otherwise approved
Permit includes tables, chairs, umbrellas, barriers, heaters and planter boxes
An application fee applies and there is an annual fee for each chair you have on the footpath.
Fixed barrier areas have the same application fee and an annual cost per square metre.
The Footpath Trading and Activity Policy gives more information regarding this.
The application form should be completed and lodged with the relevant fee at any of our Customer Services Centres or by mail or email.
Your application will be assessed and we will contact you if there is anything that needs to be clarified.
When your application is approved we will issue you with an Al fresco permit which includes a sticker. This sticker should be placed in the window of your business so that it is clearly visible.
Permits are issued for the calendar year and expire 31 December each year, regardless of when you make application.