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Street trading and outdoor dining

A permit is required to sell, trade or place items on a footpath or on Council land.

This includes outdoor dining furniture, advertising boards and goods for sale.

About street trading and outdoor dining

We allow a range of trading activities on public footpaths and Council land, including:

  • signs
  • displayed goods
  • chairs
  • tables
  • umbrellas
  • planter boxes
  • any other item placed out by the business.

You must apply for a permit if you would like to trade, sell or place items on Council land, such as:

  • the footpath outside your business
  • car parking spaces
  • street spaces.

Apply for a permit

You can apply for a street trading or outdoor dining permit online.

Apply for a street trading or outdoor dining permit

Permits need to be renewed each year by 31 August. There is a cost associated with applying for a permit.

Permits are temporarily free of charge until 31 August 2022.

Application checklist

You will need to submit the following with your application:

  • your COVIDSafe plan
  • a copy of your Public Liability Insurance certificate (minimum of $20 million and must list Knox City Council as an interested party)
  • details of the furniture, screens, heaters, planters and any other items proposed
  • a site plan (including a diagram drawn at scale of the trading area showing the proposed dimensions, furniture and infrastructure)
  • written consent from neighbouring businesses, if applicable
  • photos of images of the site
  • supporting documents.

Street trading or outdoor dining on private land

If you want to provide outdoor dining or street trading on private land (such as a car park within your certificate of title), you do not require a permit and you may not require planning permit approval from Council.

Conditions of a permit

The following applies to all items placed in a public place:

  • Items or materials may only be placed during normal trading hours for the related business.
  • Only place your items in front of the permitted business. They must not extend in front of surrounding properties unless approved.
  • Do not display hazardous items in a public place.
  • You cannot place items against the building or property line.
  • Items must not block the vision of motorists or the path of pedestrians.
  • You cannot attach or fix anything to any Council building or tree without written approval.
  • If you or your items damage other assets in a public place, you must pay the cost of repair.
  • Items must be kept clean, free from graffiti and maintained professionally.
  • You must comply with the conditions of the permit.

Permits are issued on the following conditions:

  • Permit conditions are temporary and may be subject to early variation due to safety or changes to COVID restrictions.
  • Permits are conditional on continued consent from other affected businesses.
  • Council may refuse or terminate a permit if a business has unaddressed compliance issues.

Clear path requirements

A clear path must be maintained on the pedestrian zone.

The pedestrian zone is a minimum of 1.5 metres extending out from the business frontage. State legislation specifies that no materials may be placed in this zone.

Goods and items must have minimal impact on access to:

  • vehicles
  • the kerb
  • pedestrian crossings
  • public infrastructure (such as Council benches, waste bins and bicycle parking).

Council officers will review any application taking into account existing infrastructure and access requirements.

Service of alcohol

If you plan to serve alcohol in your new or expanded outdoor area, either on public or private land, you will need to apply for a liquor licence separately through the Victorian Commission for Gambling and Liquor Regulation (VCGLR).

If your outdoor dining is on public land, you will need a COVID-19 outdoor dining permit from Council before you can apply for your liquor licence.

Transfer a permit

You cannot transfer a permit to another person and/or business. If your business changes ownership you need to submit a new application.

Need help?

Our Community Laws team can give you advice about how to apply for a street trading or outdoor dining permit, and help you apply.

Please email CommunityLaws@knox.vic.gov.au or call 9298 8000 if you have questions or need help with your application.

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