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Outdoor dining expansions

This initiative is subject to the Victorian Government reopening roadmap - current restrictions apply.

We are committed to supporting our local businesses through the COVID-19 recovery and have introduced a range of measures to assist. As part of the assistance, at this stage, Council has waived all fees in relation to Footpath Trading until 28 February 2021 

Subject to safety and accessibility criteria, expanding your business outdoors may increase the number of customers you can serve in a COVIDSafe environment. All of the below arrangements are subject to the Department of Health and Human Services (DHHS) Guidelines and are intended to remain in place until 30 April 2021. Council reserves the right to alter these arrangements at any time with 48 hours notice.

Expansion options

  • Commence Footpath Trading – apply for a Footpath Trading Permit
  • Footpath Trading Plus – expanding your Footpath Trading in front of your neighbours.
  • Spacelets - expanding into the car parking spaces in front of and/or adjacent to your business which we call a “spacelet”.
  • Spacelets Plus - Council installed providing communal non-exclusive space for businesses to utilise as an expanded trading area.
  •  Liquor Licencing area of service expansion only - if you only want to expand your liquor licence, please read more information on the requirements and how to apply to expand the red line boundary for your liquor licence or hours of trade.

Additional support/resources for businesses

Footpath Trading Plus

To expand your Footpath Trading in front of your neighbours. you must:

  • Have a Footpath Trading Permit.
  • Have a COVIDSafe Plan in place.
    • the Victorian State Government has information and resources to help your business prepare a COVIDSafe Plan. For COVIDSafe plan guidance, envhealth [at] bayside.vic.gov.au (subject: COVIDsafe%20plan) (email our Environmental Health Team) or call 03 9599 4417.
  • Have the support from adjoining businesses of the expansion in front of their premises.
    • download and print a consent form (DOCX, 138.54KB) to be completed and signed by all parties.
  • Apply to amend your liquor licence if you wish to serve alcohol.
  • Ensure pedestrian access zones are maintained at all times.
  • Consider the location and proximity of existing Council infrastructure such as seats, bike hoops and bins in your expansion proposal.  Relocation of Council infrastructure to facilitate expansion will need to be considered and cannot be guaranteed.

Apply for Footpath Trading Plus

Businesses that undertake Footpath Trading Plus will be required to adhere to the following Terms and Conditions:

The Terms and Conditions apply from the date of expansion until 30 April 2021.

  • Extension of the Agreement will be subject to review.
  • Businesses must have a COVIDSafe Plan in place for their business (must include new additional areas).
  • All applications must have updated information and insurances through their footpath trading permits.
  • Additional furniture to be placed in the expanded area must be consistent with the Footpath Trading Guidelines.
  • Social distancing must be provided in accordance with DHHS requirements consistent with prevailing restrictions.
  • The number of patrons in the outdoor dining space must be consistent with DHHS Guidelines.
  • Smoking in all outdoor areas  (including e-cigarettes and shisha tobacco)  was banned in Victoria in 2017. The smoke-free alfresco dining ban covers any commercial outdoor areas at hospitality and food venues used for eating food. This includes footpath dining areas, courtyards and beer gardens during times food is being eaten, or is available to be eaten, and venues serving alcoholic and/or non-alcoholic beverages, eg coffee shops.
  • The outdoor dining area is only permitted to be used during your trading hours of operation. Furniture must be stored away at the end of each day of trade.
  • The outdoor dining site is cleaned, sanitised and maintained in a manner that supports your COVIDSafe Plan and Safe Work Australia “Cleaning to prevent the spread of COVID-19”.
  • A copy of your outdoor dining permit must be kept on your business premises as a hard copy and, if upon request, produce it to any Authorised Officer of Council or member of Victoria Police. Council reserves the right to withdraw the permit, with 48 hours notice, if complaints or concerns are received.

Spacelets

If you are applying to use the car parking space in front of your business you must:

  • Have a Footpath Trading Permit.
  • Have a COVIDSafe Plan in place
    • the Victorian State Government has information and resources to help your business prepare a COVIDSafe Plan. For COVIDSafe Plan guidance, envhealth [at] bayside.vic.gov.au (subject: COVIDsafe%20plan) (email our Environmental Health Team) or call 03 9599 4417.
  • Apply to amend your liquor licence if you wish to serve alcohol.
  • Ensure pedestrian access zones are maintained at all times as outlined in Council’s Footpath Trading Guidelines and Local Laws.
  • Consider the location and proximity of existing Council infrastructure such as seats, bike hoops and bins in your expansion proposal.  Relocation of Council infrastructure to facilitate expansion will need to be considered and cannot be guaranteed.
  • A Road Safety Assessment maybe required and will be undertaken by Council.
  • Where Council is not the managing authority of the road, Council will seek approval from the relevant authorities such as VicRoads and Public Transport Victoria.
  • The Spacelet does not impact on parking supply and the existing operation of loading zones, access for emergency vehicles, disabled bays and bus stops must be maintained.

Apply for a Spacelet

Businesses that undertake Spacelets will be required to adhere to the following Terms and Conditions:

The Terms and Conditions apply from the date of expansion until 30 April 2021.

  • Extension of the Agreement will be subject to review.
  • Businesses must have a COVIDSafe Plan in place for their business (must include new additional areas).
  • All applications must have updated information and insurances through their footpath trading permits.
  • Additional furniture to be placed in the expanded area must be consistent with the Footpath Trading Guidelines.
  • Social distancing must be provided in accordance with DHHS requirements consistent with prevailing restrictions. The number of patrons in the outdoor dining space must be consistent with DHHS Guidelines.
  • Smoking in all outdoor areas  (including e-cigarettes and shisha tobacco)  was banned in Victoria in 2017. The smoke-free alfresco dining ban covers any commercial outdoor areas at hospitality and food venues used for eating food. This includes footpath dining areas, courtyards and beer gardens during times food is being eaten, or is available to be eaten, and venues serving alcoholic and/or non-alcoholic beverages, eg coffee shops.
  • The outdoor dining area is only permitted to be used during your trading hours of operation. Furniture must be stored away at the end of each day of trade.
  • The outdoor dining site is cleaned, sanitised and maintained in a manner that supports your COVIDSafe Plan and Safe Work Australia “Cleaning to prevent the spread of COVID-19”
  • Council reserves the right to withdraw the permit, with 48 hours notice, if complaints or concerns are received.

Spacelets Plus

Council installed providing communal non-exclusive space for local businesses to utilise as an expanded trading area.

In determining locations for Spacelet plus Council will consider:

  • Consulting and gaining the support from adjoining businesses of the use of car spaces in front of their premises.
  • Ensuring pedestrian access zones, as outlined in Council’s Footpath Trading Guidelines and Local Law, are maintained at all times.
  • The location and proximity of existing Council infrastructure such as seats, bike hoops and bins.
  • Undertaking a Road Safety Assessment.
  • Where Council is not the managing authority of the road, Council will seek approval from the relevant authorities such as VicRoads and Public Transport Victoria.
  • The impact on parking supply and the existing operation of loading zones, access for emergency vehicles, disabled bays and bus stops must be maintained.

General support from the local businesses

  • Specify to adjoining business that Spacelets Plus are a communal  area and not for exclusive use by any specific business.
  • Council will have a COVIDSafe Plan in place to guide the management and maintenance of the Spacelet Plus.
  • No additional furniture other than that provided by Council should be placed in this space.
  • Social distancing must be provided in accordance with DHHS requirements at the time/subject to current restrictions.
  • No signs or attachments to be installed on Council supplied equipment other than those supplied by Council.
  • No items are to be placed in the parking offset zone.
  • Any damage or safety concerns must be reported to Council for immediate rectification.
  • No gas heaters or electrical equipment is to be installed on or around Spacelet.
  • Max weight limitations may be imposed on the Spacelet, depending on design.
  • Council will conduct regular inspections and will keep a log to ensure the Spacelet Plus is safe for community use at all times.
  • Cleaning and maintenance of the Spacelet Plus is the responsibility of Council.
  • Smoking in all outdoor areas  (including e-cigarettes and shisha tobacco)  was banned in Victoria in 2017. The smoke-free alfresco dining ban covers any commercial outdoor areas at hospitality and food venues used for eating food. This includes footpath dining areas, courtyards and beer gardens during times food is being eaten, or is available to be eaten, and venues serving alcoholic and/or non-alcoholic beverages, eg coffee shops.
  • Council reserves the right to dismantle the Sapcelet Plus, with 48 hours notice, if complaints or concerns are received.

Liquor Licencing

If you are licensed to serve alcohol and wish to expand the area of service you will need prior approval from Council before approaching the Victorian Commission for Gambling and Liquor Regulation (VCGLR).

To apply for approval from Council for permission to expand the area where you can serve alcohol please provide your Liquor Licence number with a site plan that clearly outlines the new boundary of the outdoor area and specify the trading hours of operation.

When approved Council will provide you with a letter of permission for you to submit to the Victorian Commission for Gambling and Liquor Regulation (VCGLR) along with your site plan and trading hours for approval of the Temporary Limited Licence (liquor licence).

Information about applying for a Temporary Limited Licence is available on the VCGLR website.

If you are not licensed but wish to serve alcohol you will need to apply for a Planning Permit.

Don’t have an existing Footpath Trading Permit? Submit a footpath trading application form before applying to expand your liquor licence.

Apply to expand your liquor licence