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Outdoor Dining

In line with the State Government's Roadmap to Reopening, hospitality has reopened for predominantly outdoor seated service.

Council has established the Outdoor Dining process to support local hospitality businesses temporarily transition their dining areas to an outdoor setting in line the Roadmap requirements.

Kingston businesses have five options to establish temporary outdoor dining areas:

  1. Footpath Trading 
  2. Expanded Footpath Trading 
  3. Adjacent Kerbside Carpark Trading (Parklet) - Expressions of Interest now closed 
  4. Outdoor Dining Pop Up  
  5. Expanded Outdoor Dining 

Eligibility

To apply for Outdoor Dining, a business operator must:

  • Be primarily a hospitality business
  • Hold a current Footpath Activities Permit (not applicable to an Outdoor Dining Pop Up or Expanded Outdoor Dining on Private Land)
  • Obtain in writing the support of adjacent businesses (not applicable to an Outdoor Dining Pop-up)
  • Provide a detailed site plan of the area you wish to occupy
  • Provide a Certificate of Currency for Public Liability Insurance with a minimum of $20 million coverage.
  • Complete a Form of Indemnity

Please note: Mobile food vendors are not eligible.

Outdoor dining options 


Footpath Trading

Footpath trading refers to using part of the footpath directly in front of your business for commercial activity such as displaying signage, selling products or for outdoor dining. A Footpath Trading Permit is required for any footpath trading activities, including seating patrons for outdoor dining. 

If your business currently has a Footpath Trading Permit you do not need to do anything further to access this option. Your current permit will allow you to set up outdoor dining in the permitted footpath space.

If your business does not have a Footpath Trading Permit, you can apply online

Council has waived the fees for new Footpath Trading Permit applications.



Expanded footpath trading 

Expanded footpath trading refers to expanding your footpath trading zone to the footpath zone of an adjacent business’ premises (on one or both sides of your business). For example, if you are a café and the neighbouring business is vacant or is a hairdresser which does not use its footpath area for trading.

For this option, you will need a current Footpath Trading Permit and written support from your neighbouring business/es, if occupied which outlines their permission to use the space and how it will be used. Sample wording can be found here

How to apply 
  1. Ensure you have a Footpath Trading Permit or apply for one online.
  2. Contact neighbouring business owners and request their written support for you to occupy to the expanded neighbouring footpath area.
  3. Develop sketches of your proposed expanded footpath trading zone using aerial photography as your base.
  4. Fill out the online application form


Adjacent kerbside carpark trading (parklet) - Expressions of Interest are now closed.

 

If your business has an appropriate kerbside carpark/s adjacent to it, you may be eligible to expand your trading zone into this area, or the adjacent kerbside carpark/s of a neighbouring business through an Expression of Interest process.

Round 1 Expressions of Interest are now closed.

Council is currently reviewing the Expressions of Interest it has received for ‘Parklets’ and seeking feedback for relevant agencies regarding safety considerations including the Department of Transport.

On the basis safety considerations can be addressed, Council will release Parklet Guidelines to further assist interested businesses.



Outdoor Dining Pop Up

Hospitality businesses can apply to establish a temporary outdoor dining pop up in an area which is on Council-owned land and is external to your business. This option has been developed to support local hospitality businesses temporarily transition their operations to an outdoor setting, rather than providing new trading opportunities. 

To support this position and Outdoor Dining Pop-ups are limited to:

  • Infrastructure required for a dining area only such as tables, chairs, lighting, umbrellas etc. Additional infrastructure that supports the business operations but is not required for a dining area such as fully enclosed marquees, kitchens, bars etc will not be accepted in this process.
  • Maximum of five trading days per week, days as determined by the trader
  • Temporary occupation of the community space maintained by the complete removal of all infrastructure outside of the trading days and hours
  • Seating capacity no greater than the businesses premises

Businesses wishing to exceed these requirements and develop new trading opportunities on Council-owned land, can apply through the Commercial Use of Council land process. 

For this option, businesses are not required to hold a footpath trading permit to be eligible but will require Council approval.

How to apply
  1. Develop sketches of your proposed expanded footpath trading zone using aerial photography as your base.
  2. Fill out the online application form.


Expanded Outdoor Dining on Private Land

Expanded outdoor trading on private land refers to expanding trading into outdoor areas located within the title boundary, or privately owned land. For example, this includes areas which may have previously been staff or customer car parking or service yards. This does not include areas on Council land such as footpaths (see Footpath Trading or Expanded Footpath Trading).

From 21 October, the State Government has made temporary amendments to the planning scheme to support hospitality businesses to reopen. This includes permit exemptions contained within clause 52.18 (State of Emergency exemption) of Victoria Planning Provisions.

How to proceed
  1. Check whether your expanded outdoor dining on private land proposal fits an exemption. There is nothing else you need to do if your expanded outdoor dining on private land is covered under an exemption.
  2. If you do not meet the requirements specified in clause 52.18 please submit an enquiry or contact business@kingston.vic.gov.au

Permits and fees

In support of local business recovery, Council has waived the fees for all Outdoor Dining Licences and Footpath Trading Permits until 31 July 2021. 

Processing times

Council will endeavour to fast track all outdoor dining applications. Businesses who hold a current Footpath Activities Permit and are applying to expand their trading area to the adjacent footpath are the best placed for expedited approval.

Due to the safety considerations and requirements of other authorities, applications requesting use of carparks and areas not adjacent to the business, will be subject to an extended processing timeframe.

Funding support

Hospitality businesses must fund all aspects of Outdoor Dining themselves. The Victorian Government is providing grants of up to $5000 to help you set up your Outdoor Dining area. Further details are available about the grants program online.

Should you require assistance to prepare your grant application, please contact Council’s Business Directions team for a confidential discussion via business@kingston.vic.gov.au

FAQ


What happens if I want to serve alcohol in a different area than my liquor licence currently allows (also known as the 'red line')?

The Victorian Commission for Gaming and Liquor Regulation (VCGLR) has introduced a streamlined approach to help existing licensees apply for an outdoor area temporary licence to use both public and privately-owned outdoor areas to supply liquor as outlined in the Coronavirus (COVID-19) roadmap to reopening.

If you hold an existing licence and wish to extend it temporarily, visit the VCGLR website for more details. 

Eligibility

Public outdoor areas: To be eligible for a Temporary Limited Licence (outdoor area temp licence) for public outdoor areas such as on the footpath you must hold a current Footpath Trading Permit (See Footpath Trading). The VCGLR will require Proof of Council consent for the expanded area and an endorsed plan. To enable this endorsement, please ensure the plan your submit as part of your application meets the VCGLR plan requirements as detailed in the Plans for Licensed Premises Fact Sheet. 

Privately-owned outdoor areas: To be eligible for a Temporary Limited Licence (outdoor area temp licence) for privately-owned outdoor areas you must hold a valid Planning Permit allowing the sale and consumption of liquor on the site.

The State Government have released coronavirus (COVID-19) pandemic exemptions that enable the re-opening of outdoor dining for Restaurants and other Food and Drink businesses.

Click here for the exemptions contained within Clause 52.18 of the Planning Scheme. If you do not meet the requirements specified in Clause 52.18 please submit an enquiry.



Where do I go for information about the State Government’s Outdoor Dining funding?

 The Victorian Government is providing grants of up to $5000 to help you set up your Outdoor Dining area. Further details are available about the grants program online.



How do I get a 'Proof of Council Consent' for eligibility to apply for a grant under the State Government's Business Resilience Package?

To obtain a ‘Proof of Council Consent’,  to apply for a grant under the State Government's Business Resilience Package you can contact Council’s Planning Department on 9581 4131 or email business@kingston.vic.gov.au


More information

The State Government has released its Industry Restart Guidelines for Hospitality on the Coronavirus website.

We recommend you review the most up to date version of this document which outlines:

  • Changes to hospitality restrictions
  • Patron limits
  • Booking limits
  • Table spacing
  • Cleaning requirements
  • Record keeping requirements
  • Signage requirements
  • COVIDSafe principles