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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.

Temporary change of boundaries

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.

Pathway 1: Outdoor dining on footpaths and roads

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:

  • consent from your local council for the use of the land
  • food must be made available to patrons within the outdoor dining area at all times that the area is operating
  • trading hours are not to extend past 10 pm Sunday to Thursday, or 12 am Friday and Saturday
  • the consumption of liquor can only occur when patrons are seated.
  • apply to your local council approval for the use of the land for outdoor dining
  • once council approval has been granted, the council will provide you with a ‘AM0521: Liquor licence temporary change of boundaries – footpaths and roads’ form
  • complete the ‘AM0521: Liquor licence temporary change of boundaries – footpaths and roads’ form and return it to your local council. Your council will forward the form to Liquor and Gaming NSW (L&GNSW) on your behalf
  • alternatively, you can email the completed form to L&GNSW directly
  • if council has not provided you with the ‘AM0521: Liquor licence temporary change of boundaries – footpaths and roads’ form and you would like to request it, please email L&GNSW licensing

Pathway 2: Outdoor dining on other types of land (not footpaths or roads)

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:

  • landholder consent for the use of the land
  • food must be available to patrons within the outdoor dining area at all times that the area is operating
  • trading hours must not exceed 10pm Sunday to Thursday or 12am Friday and Saturday
  • gaming machines are not permitted in the temporary outdoor dining area for hotels and clubs
  • the outdoor area must not be located on a rooftop of a building

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

Timeframes

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.

Cost

There is no application fee for temporary liquor licence boundaries changes as described above.

Making your temporary boundaries change permanent - fast track process

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.

If your application involves outdoor dining on footpaths and roadways

A permanent boundaries change under this fast-track process is subject to several conditions, including:

  • approval from your local council (or consent authority) and the landholder to use the land for outdoor dining
  • you must have been operating with a temporary boundaries change for a period of 12 months or more
  • there must not have been any significant compliance issues during the temporary boundaries change period
  • you are not applying to alter any of the conditions of your existing temporary boundaries change approval
  • if you do not meet these conditions, you can apply through the standard process to permanently change the boundaries of your liquor licence.
  • seek approval from your local council for the use of the land for outdoor dining
  • your local council will provide you with the form to convert your current temporary liquor licence boundaries change to a permanent boundaries change for outdoor dining
    • if council has not provided you with this form and you believe you are eligible for a permanent boundaries change, please email L&GNSW to request the form
  • complete this form and return it to your local council. They will review it and forward all approved forms to our licensing team to process.

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

More information

To find out more, please visit the NSW Government alfresco dining page.