Footpath dining

Council will consider the type, number and size of furniture, items and other structures proposed to be used in the footpath dining area when considering an application. Often the following types of furniture are considered to be acceptable to be used in footpath dining areas:

• Moveable tables and chairs;
• Portable shade structures such as umbrellas;
• Portable screens and barriers;
• Portable landscape planter boxes; and
• Other portable items.

Note: Council does not permit the use of umbrellas under awnings and verandas.

If you intend to build or install a permanent structure, or a structure which cannot be easily removed into adjoining footpath area, to use for footpath dining or use an adjoining footpath area exclusively, you will need to obtain a road permit from Council. A road permit application ( PDF, 1.23 MB ) is required in addition to a footpath dining permit for the structure intended to be constructed within the footpath.

To apply for a footpath dining permit, you must

• Complete and sign the footpath dining application form and submit the form using one of the methods outlined on the back of the form or submit the online application form
• Provide the following documentation as outlined in the application form (for further information please see the back of the application form):
  • Certificate of currency for Public Liability Insurance – must be held in the name of the permit holder, be for no less than $20 million and must note the Cairns Regional Council as an interested party;
  • Site plan of the footpath dining area;
  • Photographs of the site and photographs/brochure of the furniture and structures intending to be used;
  • Procedures;
  • Written landowners consent – only applicable where the applicant is not the owner or registered lease holder of the premises immediately adjoining the footpath dining area;
  • A copy of any other approval relating to the use of the footpath dining area – such as liquor licence; and
• Make payment of the application fee in accordance with the invoice or instructions received by Council.

If your application is approved, you will receive a footpath dining permit and an invoice for rental fees. Your permit is not valid until the rental fee is paid. You must display your footpath dining permit clearly on the shop front window.

Site plan

You must submit a site plan with your footpath dining application. The approved footpath area will vary dependent on location. Your site plan must include the following:

• the overall boundary of the footpath dining area including measurements
• the outline of adjoining buildings
• the area to remain as footpath
• the kerb area – this is the area between adjoining carparks or road and the footpath dining area
• the location of all furniture, structures, advertising devices and other items intended to be placed in the footpath dining area
• the location of any permanent infrastructure within the footpath dining area or immediately adjoining it – including but not limited to trees, fire hydrants, parking meters, transformers, telephone booths, mailboxes, bus shelters, rubbish bins, pillars and posts (awning or building supports) and any other permanent items
• measurements on the site plan for the following:
  • the overall length and width of the footpath dining area
  • the overall width of the area to remain as footpath
  • the width of the kerb area.

Note: There are minimum footpath widths which vary according to the location of the footpath dining area. Read our footpath dining fact sheet ( PDF, 1.18 MB ) to work out the location and size of your trading zone.

Refer to our example site plan for a footpath dining permit application.

Photographs/brochure

You must submit the following with your footpath dining permit application:

• colour photograph/s of the proposed area to be used for Footpath Dining, and
• photograph/s or relevant brochures which show the furniture, structures and other items intended to be placed within the Footpath Dining area as outlined on the site plan.

Note: Council will consider whether the selection of furniture, structures and other items intended to be used within the footpath dining area are designed to withstand the environmental elements.

Procedure

You must compile and submit a procedure with your footpath dining permit application to outline how you plan to mitigate potential issues within a footpath dining area.

As a guide, the procedure should answer the following questions as well as anything else that may be applicable for the footpath dining area.

How to ensure that amenity of the surrounding area will not be affected

• How will you ensure that the footpath dining area is kept free from litter and waste?
• How will you ensure that your own commercial waste bins will be used for the waste generated by your business and the footpath dining area and not public street bins?

How to ensure that the footpath dining activity will not cause a nuisance to neighbouring residents and properties

• How will you ensure that noise, light, odour and other potential impacts and nuisances are not having an adverse impact on surrounding businesses or residences?
• How will you ensure that patron behaviour within the footpath dining area does not interfere with the use and enjoyment or cause nuisance to others?

How to ensure that the activity does not significantly detract from the capacity of the road to provide a vehicular and/or pedestrian thoroughfare

• How will you ensure that safe and unobstructed passage for pedestrians, particularly those who may be physically or visually impaired, will be maintained?
• How will you ensure the safe and unobstructed vision for drivers of vehicles and cyclists will be maintained?
• How will you identify services that require access within the footpath dining area such as sewer, gas, water, telecommunications and electricity conduits and how will you maintain access to those services?

Please note these are provided as a guide only. You are required to ensure your supporting documentation clearly outlines how you will address the criteria in relation to your specific operations.

Application fee

There is an application fee payable when you lodge an application form for footpath dining depending on the whether you are applying for a 1, 2 or 3-year permit.

Rental fees

If a footpath dining permit is issued, there are rental fees applicable dependent on the location of the footpath dining area which are calculated annually.

To determine which area applies to the footpath dining area you are applying for, please see the footpath dining map on page 39 of the Best Practice Use of Footpaths Policy ( PDF, 4.24 MB ).

Note: for footpath dining permits that will also have a road permit in place, the below rental fees are not applicable as the rental fees will be charged under the road permit only.

Renewal fee

A renewal fee is payable when you apply to renew a footpath dining permit once a permit is nearing expiry and you intend to renew the permit. The renewal fee is dependent on whether the term of the existing permit that is being renewed is 1, 2 or 3 years as per the above table.

The following are some of the basic requirements under a footpath dining permit as well as some of the requirements that Council’s local laws impose within Council controlled areas such as footpaths:

• Goods cannot be displayed for sale or sold from a footpath (unless a person holds a goods for sale permit from Council)
• A-frame signs and menu stand signs are prohibited within the CBD area
• The use of any signage must comply with the requirements within Council’s Local Law No. 4 (Advertising Devices) 2019
• Always ensure that you only operate within the permit area that is described in your footpath dining permit and the approved furniture used remains in the locations outlined in the site plan attached to your permit
• The area that is to remain as footpath is kept clear and unobstructed at all times to allow pedestrians to traverse
• Keep the footpath dining area free of litter and waste
• Ensure that the use of the footpath dining area does not cause a nuisance to surrounding properties or interfere with the safety of customers or members of the public
• Ensure that the structures and furniture used in the footpath dining area remains clean, is not broken and is appropriate for its intended purpose (for example is durable and can withstand the environmental conditions)
• Ensure that you hold other relevant approvals and licences where required
• The furniture used in the footpath dining area must be either removed from the area when not trading or is appropriately secured as per the conditions of the permit.