Outdoor Dining and Entertainment Application

Local businesses wishing to apply for outdoor dining and entertainment must complete the required application form and provide supporting documentation by the closing date. Please see the application form, process of approval, a map of the pre-approved areas, terms and conditions below. 

  Businesses in special areas pre-approved for expanded outdoor dining
  1. Complete the online application form below and submit all required supporting documents.
  2. Council approval granted within 1 day of receipt of application for businesses located on unclassified local roads (Burwood Road, Burwood and The Strand, Croydon), given all required documentation has been submitted for assessment. Council will liaise with Transport for NSW within one day of receipt of application for businesses located on State Roads and will notify approved applicants following confirmation of approval.

Application to expand outdoor dining outside of special areas

  1. Complete the online application form below and submit all required supporting documents.
  2. Council inspection of proposed outdoor dining location
  3.  Council approval granted within 5 days of receipt of application for businesses located on unclassified local roads, given all required documentation has been submitted for assessment. Council will liaise with Transport for NSW within one day of receipt of application for businesses located on State Roads and will notify approved applicants following confirmation of approval.

New application for outdoor dining

  1. Complete the online application form below and submit all required supporting documents.
  2. Council inspection of proposed outdoor dining location
  3. Council approval granted within 10 days of receipt of application for businesses located on unclassified local roads, given all required documentation has been submitted for assessment. Council will liaise with Transport for NSW within 10 days of receipt of application for businesses located on State Roads and will notify approved applicants following confirmation of approval.

 

 

The map below shows the locations within the Burwood Council local government area with Pre-Approved Outdoor Dining Areas. Zoom in and click on a location to view more details.

Alternatively, click here for the full map

  1. The Licensee hereby covenants with Council as follows:
  2. The Licensee will not assign, transfer, part with possession of, grant any sub-licence affecting or otherwise deal with or dispose of the Licensed Area or any part thereof.
  3. The Licensee will not misuse or damage any part of the Licensed Area or public road or footpath outside the Licensed Area and will not obstruct or impede the flow of pedestrian traffic on any part of the public road or footpath including the emergency access route, outside the Licensed Area.
  4. The Licensee will give the Council prompt notice of any damage, defect or deterioration affecting the Licensed Area.
  5. The Licensee shall keep the Licensed Area and all food, goods and utensils therein in a clean, sanitary and wholesome condition and free from litter and rubbish and will comply with all requirements of the Council and of any other statutory authority in relation thereto. The Licensee shall clean the footpath area adjacent to their premises on a daily basis to remove food spills and stains. In case of default by the Licensee, the Council may enter and carry out such cleaning as may be necessary and recover the costs thereof from the Licensee as a debt due and owing to the Council.
  6. The Council by its servants or agents may enter upon the Licensed Area at any time without notice to the Licensee to view the state of repair of the Licensed Area or for any other purpose whatsoever. Council and/or any other authorised public utility or telecommunications organisation may enter upon the Licensed Area to maintain, upgrade, reconstruct or repair and/or lay pipes, conduits and/or cables within, or adjacent to, the Licensed Area. Council will not pay compensation, or be held liable, for any loss of trade, wages or any other costs borne by the Licensee, or any other party, directly or indirectly caused by maintenance, upgrade, reconstruction or repair of the Licensed Area, or adjacent areas of the roadway, including the footpath, whether conducted by Council or any other party.
  7. The Council shall retain the general care, control and management of the Licensed Area and the Licensee, at his own expense, will comply with all requirements and directions of the Council, its servants and agents and all rules, by-laws and regulations made by the Council in relation to the use of the footpath and, in particular, but without limiting the generality of the foregoing, the Licensee shall not bring or park nor permit to be brought or parked any motor vehicle on the Licensed Area.
  8. The Licensee shall pay all costs, charges and expenses incurred in providing any electricity supply to the Licensed Area and shall pay all charges for electricity consumed on the Licensed Area. Any such electricity supply to be approved by Council prior to installation and/or use.
  9. The Licensee shall not install physical barriers within or adjacent to the Licensed Area without the written approval of Council.
  10. The Licensee shall not install planter boxes within or adjacent to the Licensed Area without the written approval of Council.
  11. The Licensee shall not make any alterations or additions to the Licensed Area or erect or place any structures or fixtures thereon or erect or display any advertisement, sign or hoarding.
  12. The Council reserves the right to install street furniture, street signs and/or landscaping elements in the Licensed Area. If any such installation adversely affects the Licensee’s use of the Licensed Area the Council and the Licensee shall negotiate any necessary adjustment to the Licence in good faith.
  13. No advertising is to be displayed on any furniture, equipment or other structure contained within the Licensed Areas except for umbrellas. With respect to umbrellas, advertising will be limited to the advertising of food and non-alcoholic beverages sold by the restaurant/café. Council reserves the right to order that the umbrellas/advertising be removed, if considered inappropriate. If umbrellas are placed on the footpath in association with an outdoor eating area, the umbrellas must be fully contained within the Licensed Area. No articles shall be placed within one metre of any Council Tree positioned on the footpath.
  14. The Licensee shall display the attached Outdoor Eating Area Licence Notice(s) in the restaurant premises at «Address» «Suburb» «State» «Postcode» in clear view of members of the public and patrons within the Licensed Area.
  15. The Licensee shall not keep any animal or bird or permit the same to enter or be upon the Licensed Area.
  16. The Licensee shall not sell or serve or permit to be sold any alcoholic or intoxicating liquor in or from the Licensed Area except where Council has granted specific written approval and the appropriate liquor licence is obtained from Licensing Authorities and proof of such liquor licence is provided to Council.
  17. The Licensee will not permit to remain in or upon the Licensed Area any persons using obscene or foul language or any person affected by alcohol or intoxicating liquor or any person behaving in a manner causing or likely to cause any nuisance or annoyance to other persons on or in the vicinity of the Licensed Area.
  18. If any merchandise, property or effects which may be in or upon the Licensed Area during the term hereof shall be damaged or destroyed by fire, water or otherwise, no part of any loss occasioned thereby shall be borne by the Council however the same may be caused or arise.
  19. The Licensee hereby indemnifies the Council from and against all and any damage or loss occasioned by the default or failure by the Licensee to observe any covenant, condition or agreement hereunder or by the use or abuse of water, electricity or drainage installations, appliances or fittings by the Licensee or any employee, agent or invitee of the Licensee.
  20. The Council shall not be responsible for the loss of any property or effects of the Licensee or any other person from the Licensed Area howsoever occurring nor for any damage whatsoever arising from any accident or injury to any person or property on the Licensed Area however arising and whether or not the same shall arise from carelessness or negligence on the part of the Council and the Licensee indemnifies the Council, its employees, agents, or invitees from and against such loss or damage as aforesaid.
  21. The Licensee shall effect and maintain during the term of this Licence an "all risks and public liability" policy covering the respective rights of the Licensee and the Council in respect of liability to the public in the event of death or bodily injury or damage to property arising out of any accident which may occur in the course of or be caused by the Licensee's activities upon the Licensed Area. The amount of such insurance shall not be less than ten million dollars ($10,000,000.00) in respect of claims during the term of this Licence.
  22. The Licensee shall pay the Council's legal costs and disbursements in connection with the granting of this Licence and in connection with any default by the Licensee hereunder.
  23. The Licensee shall only place chairs, tables or other equipment on the Licensed Area during normal business hours. All chairs within the area are not to be placed against the area bounding the pedestrian walkway. All chairs must be positioned parallel to the approved premise with no chairs placed against the red line marked in the Outdoor Eating Plan (Please refer to your Outdoor Eating Plan for reference of the red line). This will ensure that chairs are not placed in a position that would otherwise obstruct the footpath walkway area. All chairs, tables and other equipment shall be removed from the Licensed Area when the Licensed Area is not open to the public for service and will be stored in the Licensee's premises. At no time shall the chairs, tables and other equipment remain in the Licensed Area after Council's approved operating hours without Council’s written approval.
  24. The Licensee shall provide ashtrays to all tables where smoking is permitted, and all ashtrays are to be of a windproof design. All litter and rubbish that is generated from the outdoor eating area is to be disposed of through the business premises garbage service and is not to be disposed of in street litter bins, left on the roadway (roadway includes footpath) or swept into the street gutter or storm water drains.
  25. From 6 July 2015, The Licensee must display the mandatory prescribed “No Smoking” signage within the Licensed area and must comply with provisions of the Smoke-free Environment Act 2000 (Act).
  26. All litter and rubbish that is generated from the outdoor eating area is to be disposed of through the business premises garbage service and is not to be disposed of in street litter bins, left on the roadway (roadway includes footpath) or swept into the street gutter or storm water drains.
  27. If an Outdoor Eating area is covered overhead by an awning, the Licensee shall obtain a certificate from a structural engineer indicating the integrity of the structure in compliance with section B of Volume 1 of the Building Code of Australia and duration for future inspection requirements. Such certification must be submitted to Council by 1 October during the period of the agreement.