Approval to Use Part of Footpath for Footpath Dining
Page 3 of 5 FootpathDiningForm.docx / Environmental Health / Nov-21
A6. Important Information and Terms and Conditions
IMPORTANT INFORMATION AND CONDITIONS
Use this form for food business owners to apply to Council for an approval to use part of the footpath for footpath
dining. The terms and conditions set out below form the agreement between yourself (as applicant) and Council
(as landowner) for footpath dining and will be binding when both parties have signed the form. An approval letter
will be issued with a copy of this form completed and a final Council approved location plan.
RENEWAL, TERMINATION OR SUSPENSION OF THE APPROVAL
If your application is approved, the following conditions will apply (but Council reserves the right to apply
additional conditions specific to location):
• The term of an approval is to be such period not exceeding five (5) years as is specified in the approval
as per section 125 of the Roads Act 1993 however can be terminated by the applicant on 14 days written
• A reapplication of this approval will be required by the applicant upon expiry of the approval term. Council
will contact the applicant to determine their status. Applicant to pay prescribed fees and charges. The
approval will expire at midnight (12.00am) on the expiry date.
• Should the applicant sell or permanently close the business it is their responsibility to notify Council with
a minimum of 14 days written notice. This agreement is non transferrable and will terminate when you sell
or transfer the business to another person or entity. The new owner must submit a new application with
payment. No right that existed to recover costs or obtain indemnity shall merge but will cease on
termination of the approval and Council shall be entitled to recover any losses or costs that arose prior to
• If Council undertakes work on the road it may, for whatever period necessary on giving reasonable notice
and at its absolute discretion, suspend this approval and the approval shall not be entitled to any
• Council reserves the right to terminate this agreement within 14 days by written correspondence should
the applicant fail to pay the prescribed fees and charges or fails to comply with the Terms and Conditions
set out under section 125 of the Roads Act 1993. Non-compliance means:
- Payments remain unpaid for 14 days
- Terms and condition of this application form are breached
- The use of unapproved footpath for the purpose of footpath dining
- Non approved construction of structures or improvements or modifications
• If Council decides to undertake works to the road/footpath that would make it not viable or practical for the
licence to continue. Such determination of viability or practicability shall be at the sole determination of
• Regular inspections will be made of the footpath area to ensure compliance with this or any other approval,
including that the area is maintained and kept clean and tidy. Non-compliance with terms and conditions
of this application may result in Council terminating the Agreement. Council, on giving the business
owner/applicant 14 days written notice, may terminate, vary or change conditions relating to this approval.
• If Council terminates this approval or changes the conditions no compensation will be payable by Council
to the applicant.
• Approval documents will be used to control unauthorised occupation of footpaths, investigate complaints
and for routine management of footpaths and must be shown to Council staff on request.
IN DETERMINING APPLICATIONS, COUNCIL CONSIDERS
In all areas the footpath must have at least 2 metres left clear for pedestrians. Structures such as trees, bins,
traffic signage, public seating and street posts will reduce the area available for footpath dining. See Tweed Shire
Councils’ Footpath Trading Policy for all specific details.
STANDARD APPROVAL REQUIREMENTS AND CONDITIONS
• The approved area must be kept clean and tidy at all times.
• A liquor approval and Council approval is needed to sell or serve liquor.
• Amplified music and entertainment is not allowed without further approval.
• External outdoor lighting if required must be approved by Council.