Street trading and performance

Outdoor dining

    Do I need an outdoor dining licence?

    You need an outdoor dining licence for all outdoor dining areas on public space.

    This includes tables and chairs on footpaths, streets, squares, parks or recreational area, and other public  space.

    What is public space?

    A public space is any site that is open for use to the public and which Auckland Council or a council controlled organisation own, manage or maintain.

    Public spaces include roads, footpaths, public squares, grass verges, public gardens, reserves, parks, beaches, wharves, access ways and sports fields.

    How to apply for an outdoor dining licence

    1. Gather supporting documents

    Before you apply you will need to have a:

    2. Request a pre-application meeting

    You can request one free pre-application meeting with an inspector. This could be a phone call, a site visit or an office meeting at a council building.

    Contact us to request a meeting.

    3. Pay the fee and apply for a licence

    See Licence fees for trading in public places or Licence fee calculator to estimate your fee. Fees can only be confirmed by a bylaws officer.

    Apply and pay online

    You will need to login to complete an online application form.

    You can pay by MasterCard, Visa or Account2Account (bank transfer).

    Apply and pay in person

    Download and fill in an application form:

    Outdoor dining application form (PDF 75KB)

    See the areas below to apply for an outdoor dining licence:

    You can also pick up or drop off your application at any of our service centres and pay by cash, cheque, eftpos, MasterCard or Visa.

    If posting your application, include a cheque. Post to:

    Licensing and Compliance Services
    Private Bag 92300
    Auckland 1142

    We process applications within 10 working days, if all required information has been provided.

    Public liability insurance

    We recommend that all licence holders have current Public liability insurance. If your trading is considered to be high-risk by an inspector they may request proof of this before issuing the licence.

    Change or transfer of ownership

    If you are the new owner of a business with a current outdoor dining licence, you will need to change the ownership details of the outdoor dining licence.

    There is no fee for a transfer. You must tell us within 10 working days of the transfer of ownership.

    Follow the instructions in How to apply for an outdoor dining licence.

    Make sure you also transfer any other Auckland Council licences such as food registration and alcohol licences.

    Renew your licence

    All outdoor dining licences are valid for 12 months or 6 months, unless you apply for a new licence part way through the licensing year.

    When you need to renew your licence, we will send you an application form with instructions on how to apply.

    For your licence to stay valid, you need to renew your licence before the current one expires.

    There are two steps to renewing your licence:

    1. Return the completed application form we send you.
    2. Pay the licensing fee.

    If you have not received a renewal application and your licence is due to expire within 10 working days contact us.

    Changing the size of your outdoor dining area

    Contact us if you want to change the size of your outdoor dining area.

    Outdoor dining rules

    General rules

    • In most cases you must leave at least 1.8m of clear unobstructed footpath for pedestrian access around your outdoor dining area. In high volume areas you may need to leave more space.
    • Outdoor dining areas are public space and this licence only gives the licence holder permission to use the space for a trading period.
    • All outdoor dining licences end at 12 midnight. If you continue to trade past this time, the furniture must either be removed from the public space or stored within the outdoor dining area until you are ready to close.
    • It is the licence holder’s responsibility to ensure the area is clean and tidy. Street cleaners often cannot access outdoor dining areas.
    • Outdoor dining licences are valid for 12 months. The fees are made up of two components: an annual licensing fee and a rental fee per square metre of space occupied.

    Furniture rules

    • Furniture must be movable, not permanently fixed to the public space. You must store all tables, chairs, planter boxes, barriers, umbrellas and outdoor heaters inside the premises at the end of each trading day.
    • Furniture must be suitable for all weather conditions and continuous use. You must remove broken furniture immediately to avoid accidents.
    • You may use barriers and planter boxes within the area but you must not enclose more than 50 per cent of the perimeter (excluding the building frontage).
    • You may use umbrellas if there is no building veranda. You must weigh down the umbrella stands with removable weights such as sand bags.

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