Outdoor Dining

Commercial Use of Footpaths

The Commercial Use of Footpaths Policy outlines the approval process and requirements for small scale street vending and footway restaurants (alfresco dining) on public paths in the Ballina Shire.

With this policy Council aims to:

• create vibrant and stimulating commercial centres where the public can shop and dine in an outdoor environment and enjoy the favourable local climate
• reinforce established central business areas as focal shopping, business and social places
• allow retailers to display goods and merchandise on the footpath
• ensure equitable access for all including people with disabilities
• provide clear guidelines with respect to Council's expectations for street vending and footway restaurants.

Businesses interested in obtaining approval to use the footpath for commercial purposes should read the Commercial Use of Footpaths Policy and contact Commercial Services regarding your proposed commercial use prior to submitting an application form.

Enquiries

Commercial Services, Ph 1300 864 444 or email council@ballina.nsw.gov.au

Resources

• Commercial Use of Footpaths Application form (pdf)
• Policy F07 - Commercial Use of Footpaths (pdf)

Smoking in outdoor public areas

Smoking is banned in all enclosed public places and certain outdoor public areas under the Smoke-free Environment Act 2000. These bans protect people from harmful second-hand tobacco smoke. NSW Health advise that there is no safe level of exposure to second-hand smoke.

Smoking and the use of e-cigarettes are banned in the following areas:

• Commercial outdoor dining areas of cafes, restaurant, pubs and clubs
• Within 10 metres of a market or event food stall preparing or serving food
• Bus stops, taxi ranks, public transport stops
• Within 4 metres of an entry or exit from a public building
• Within 10 metres of children’s playground equipment
• Spectator areas at sporting events

An outdoor dining area means an area in which the business provides food for immediate consumption and seating in the outdoor area where the food is consumed. Licensed premises can create designated outdoor smoking areas, as long as they are not located within 4 metres of the seated dining area of the premises. The outdoor smoking areas are not to be used for the consumption of food. Owners of licensed premises and restaurants must display adequate ‘no smoking’ signage in an outdoor dining area. Businesses can order signage with the correct wording from NSW Health at no cost.

• NSW Health website - smoke-free laws
• Refer smoking complaints or concerns to NSW Health