Overview
Townsville City Council recognises the importance of the city's vibrant and unique outdoor lifestyle.
To enhance the amenity and vibrancy of Townsville, the council encourages the use of council-controlled outdoor areas by businesses serving food and/or beverages to the public.
Council regulates outdoor dining to ensure that activities are carried out in a safe manner for diners, pedestrians and road-users. Council is required to monitor the standard of operations in food premises that provide outdoor dining. Compliance with requirements of the Outdoor Dining Policy and associated Guidelines will assist you in providing a safe outdoor dining environment.
Before a business can use the footpath or other council-controlled space for dining, they must obtain a permit from council and comply with council's 
Outdoor Dining Policy and Outdoor Dining Policy Guidelines.
The principle objectives of this policy are to:
- Promote a vibrant street life, which balances the interests and needs of residents, ratepayers and visitors to the city.
- Regulate and control footpath activities to achieve fairness and consistency between traders in the use of footpaths.
- Minimise risk to patrons of outdoor dining areas
- Ensure safe and unobstructed passage for pedestrians
- Ensure safe passage and unobstructed vision for drivers of vehicles and cyclists
- Limit impact on the residential amenity and the streetscape that characterises the area.
- Promote a safe physical and social environment in which the potential for nuisance activities is minimised.
YES, if you have a food business that uses council land or footpath for outdoor dining purposes, you will require an Outdoor Dining Licence.
NO, if you have a food business that provides tables and chairs for outdoor dining purposes on private land, i.e. within the boundaries of shopping centres, you will not require an Outdoor Dining Licence.
Outdoor Dining Policy
Outdoor Dining Policy Guidelines
Applications & Approvals
The process of applying to use public space for outdoor dining involves the applicant:
1. Submitting to Planning and Development, Level 2, 103 Walker Street:
- an Application for Outdoor Dining Licence including a plan showing design and layout of proposed activities;
- a photograph of the proposed Outdoor Dining Area;
- Certificate of Cover for a minimum $10m current Public Liability Insurance noting Townsville City Council as an interested party;
- a copy of current Townsville City Council Food Licence;
- any further information required by council
2. Paying the appropriate outdoor dining licence fees to council;
Kerbside Risk Management
Outdoor dining may increase risks to diners, pedestrians or motorists. Specific guidelines have been created to assist in managing this increased risk appropriately, and these are summarised in the table below.
|
Speed Zone
(kph) |
Trading Zone 3m or more from Traffic Lane |
Trading Zone 1.2m to 3m from Traffic Lane |
Trading Zone less than 1.2m from Traffic Lane |
|
Above 60 |
Not recommended for Outdoor Dining |
Not recommended for Outdoor Dining |
Not recommended for Outdoor Dining |
|
60 |
No Crash Barrier or Pedestrian Fence required |
Pedestrian Fence required
|
Crash Barrier required *
|
|
50 |
No Crash Barrier or Pedestrian Fence required |
Pedestrian Fence required
|
Crash Barrier required *
|
* Note – if your application requires the installation of crash protection, you will be required to provide copies of the certification of the crash protection by a registered Engineer before a Outdoor Dining Licence will be issued. Approval will need to be obtained from Planning and Development Services for an Operational Works Permit prior to carrying out work to install crash protection on Council's footpath.
The figure below illustrates the various zones associated with outdoor dining.
Design & Layout
Outdoor dining activities should not encroach upon, nor interfere with pedestrian movement.
Access. Outdoor dining should enrich the pedestrian experience and public life. Outdoor dining areas should present an open, inviting image and be easily accessible from the public way. The layout and access must be ergonomically designed to allow safe operation and equitable access.
Furniture. Outdoor furniture should make a positive contribution to the street environment. Furniture must be safe, and of a style that is practical and integrates well with the surrounding cityscape.
Umbrellas. Umbrellas must have not less than 2.2 metres clearance above the footpath from the lowest point of the extended arms (spokes), and be maintained in a sound condition. They must be removed when the outdoor dining area is not in use. Any advertising must comply with advertising and signage provisions.
Shade Structures/Other Street Works. In some cases, the applicant may wish to undertake streetscape works to accommodate an outdoor dining area. Such works may include footpath widening, paving, street tree planting, shade structures, pedestrian lighting etc. Any such works require specific approval by council.
Perimeter Guidelines. Pavement markers will be supplied and installed by council following approval of outdoor dining application. Outdoor dining areas must be contained within the area delineated by the area marker discs installed by council, and all furniture, including umbrellas and plants must be kept strictly within the boundaries of the approved Trading Zone.
Cleaning. The outdoor dining area must present a clean, well maintained image. The licensee is responsible for cleaning the approved outdoor dining area, and litter must be cleaned from the pavement.
Toilets. Adequate toilet facilities must be provided within the principal food premises, or located within a reasonable distance from the outdoor dining area.
Lighting. Any outdoor dining area approved to operate outside daylight hours must provide adequate lighting to Australian Standards, to ensure the safety and amenity of patrons and the general public.
Noise. Noise levels from outdoor dining areas must be managed in line with the relevant Australian Standards; this includes the provision of music to outdoor dining areas.
Liquor Licensing. Any business intending to serve alcohol requires a separate liquor licence. Further information can be obtained from www.olgr.qld.gov.au.
Smoking. Under Queensland Government Tobacco Laws, smoking is not permitted in outdoor dining areas. For further informaon please visit the Queensland Health website for rules governing Designated Outdoor Smoking Areas (DOSAs).
Fees
The fees payable are reviewed and set by the council each year as part of its Schedule of Fees and Charges.
- Application fee – payable once only while the applicant remains in continuous possession of a licence. This fee is set at $713 for 2011-12.
- Licence Fee – payable annually. This fee is set at $162 for 2011-12.
- Failed Compliance Fee. This fee is set at $126 for 2011-12.
- Special Events Licence Fee. This fee is set at $288 for 2011-12.
Outdoor Dining Policy
Outdoor Dining Policy Guidelines
The process of applying to use public space for outdoor dining involves the applicant:
1. Submitting to Planning and Development, Level 2, 103 Walker Street:
- an Application for Outdoor Dining Licence including a plan showing design and layout of proposed activities;
- a photograph of the proposed Outdoor Dining Area;
- Certificate of Cover for a minimum $10m current Public Liability Insurance noting Townsville City Council as an interested party;
- a copy of current Townsville City Council Food Licence;
- any further information required by council
2. Paying the appropriate outdoor dining licence fees to council;
Your application will then be assessed against the Outdoor Dining Policy and Outdoor Dining Policy Guidelines. This assessment process may include consultation with various council departments for comment.
Once your application has been approved, you will be required to sign an Outdoor Dining Licence Agreement, and can then proceed with using the outdoor dining area in accordance with your Permit.
The applicant for a permit must be a legal entity (e.g. a person or company). A business name or shop name is not a legal entity and cannot be the permit holder.
Applications can take up to 30 days to assess, once a complete application has been made. You will need to take this into consideration when starting your food business.
Short Term or 'Special Event' Applications
An Outdoor Dining Licence may be issued for short term and/or special events. This comprises use of public space for outdoor dining of less than seven days in any one calendar year; there is no requirement for these days to be consecutive.
You will be required to submit an Application for Outdoor Dining Licence and provide details as per the application process described above.
Amendments to an Existing Outdoor Dining Licence
If you wish to make an amendment to your Permit, you will be required to submit an Application for an Outdoor Dining Licence and provide details as per the application process described above.
Transfer of Outdoor Dining Licence
There is no provision for transfer of ownership of any Outdoor Dining Licence. You will be required to submit an Application for an Outdoor Dining Licence and provide details as per the application process described above.
Termination of Outdoor Dining Licence Agreement
A licence can be terminated at any time by either party with notice of four weeks. The licence is issued solely at the council's discretion and does not create any tenure or proprietorial interest in the licence area.
Whenever the council proposes to suspend or terminate a licence, it must if possible, give at least 14 days written notice. Notice periods will be abridged where there is any risk to public safety and amenity.
Outdoor Dining Policy and Guidelines
Application Forms & Other Relevant Information