If you want to operate your food service business outdoors, the boundaries of your liquor licence must include the outdoor dining area.There are a few ways you can apply to expand your licensed boundaries to include a new outdoor dining area. You can choose to apply for a temporary or a permanent change of liquor licence boundaries, depending on your needs.
There are two fast-track pathways for applying for a temporary change of boundaries. The pathway you use will depend on the type of land you want to use for outdoor dining and whether council approval is required.
If you are seeking to operate temporary outdoor dining on land which is a footpath or road where local council approval is required for the use of the land, apply using the steps outlined below.
A temporary boundaries change under this pathway is subject to a number of conditions, including:
If you are seeking to operate temporary outdoor dining on private and/or public land (such as parks, carparks and bowling greens, adjacent to licensed premises) apply using the steps outlined below. This doesn’t include outdoor dining on footpaths and roads.Outdoor dining on this type of land will not typically require council approval.
There are some exclusions including being on land in an environmental zone, or in a place of Aboriginal heritage significance identified in a local environmental plan.Please refer to The Department of Planning and Environment Outdoor Dining Fact Sheet.If you are unsure whether council approval is required for the use of the land, contact your local council.
A temporary boundaries change under this pathway is subject to several conditions, including:
We will notify you by email of the outcome. The change to the boundaries on other types of land continues indefinitely while the land is exempt development.
AM0522: Liquor licence temporary change of boundaries – outdoor land excluding footpaths and roads PDF, 206.6 KB
For outdoor dining on footpaths and roads, temporary liquor licence boundaries changes are generally processed by L&GNSW within 3 days of receiving the application.For outdoor dining on other types of land, temporary liquor licence boundariesy changes are generally processed by L&GNSW within 10 days of receiving the application.
There is no application fee for temporary liquor licence boundaries changes as described above.
If your venue has operated for a period of 12 months or more with a temporary change of boundaries you may be eligible for a fast-track process to make your temporary boundaries change permanent.
A permanent boundaries change under this fast-track process is subject to several conditions, including:
Venues which are not eligible and have been approved for temporary outdoor dining on private and/or public land (such as parks, carparks, and bowling greens, adjacent to licensed premises) can apply for permanent outdoor dining with the standard process
Fast-track permanent liquor licence boundaries changes are generally processed by L&GNSW within 10 days of receiving the application.
We are temporarily waiving the normal fee ($102) to help support NSW COVID-19 business recovery.
If you do not hold an existing temporary outdoor dining approval and would like to set up a permanent outdoor dining area, you can apply through the standard process to permanently change the boundaries of your liquor licence
To find out more, please visit the NSW Government alfresco dining page.