Industry Alert: Outdoor Dining

The temporary provisions introduced during COVID-19 regarding approval for outdoor dining have been made permanent under the State Government’s recent Vibrancy Reform package. This means that the previously approved area will continue to be licensed while the land use remains an exempt development. However, businesses should note that any changes to the outdoor dining area require a new application to be lodged with Liquor & Gaming NSW.

To determine whether the outdoor dining area for your licensed premises is exempt development, please check this NSW Department of Planning and Environment fact sheet here. If your land use is not exempt but you have development approval that permits outdoor dining, you need to apply for a permanent change of boundaries through L&G NSW. If you do not have a development approval, you will need to contact your local council to modify your development consent.

Businesses are reminded that on footpaths and roads, the outdoor area must be associated with a lawful ‘food and drink’ premises, while on private land the area also include association with ‘artisan food and drink’ activity. Registered clubs are also permitted outdoor dining areas if approved to contain food and drink premises, such as a café, bar or restaurant. All three instances are subject to numerous conditions which are available to check using the fact sheet linked here.

If you intend to make any modifications or extensions to your business’ outdoor dining provisions under its liquor licence, it is best practice to ensure adjacent neighbours and those surrounding the premises are consulted.

If you require assistance with your business’ outdoor dining approvals, or have any questions about whether your premises is eligible to take advantage of these now permanent provisions, please do not hesitate to contact our liquor licensing team via email at licensing@bsvliquorlicence.com.au or telephone on (02) 8530 0333.

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