Outdoor Dining

Dogs are permitted in outdoor dining areas if they:

• are on a lead 
• stay on the ground 
• are not fed
• have the restaurant owner's permission

An outdoor dining area is only appropriate where:

• The public space is wide enough to accommodate the outdoor trading area while still maintaining a clear pathway of travel for all pedestrians including those who use mobility aids
• The ground surface of the outdoor dining area is suitably constructed and sufficiently level to accommodate outdoor dining furniture and enable the area to be used safely and without inconvenience to pedestrians or vehicles
• There is no unreasonable hazard to pedestrians, diners or vehicular traffic.

Smoking in or adjacent to an outdoor trading area is prohibited. As of 6 July 2015, commercial outdoor dining areas are smoke-free. City of Newcastle does not have any control over these laws and cannot police and or enforce fines. All breaches should be directed to Health NSW who have an online reporting form and for enquiries contact 1800 357 412.

The Smoke-free Environment Act 2000 also bans smoking in the following outdoor public places:

• Within 10 metres of children’s play equipment in outdoor public places
• Public swimming pools
• Spectator areas at sports grounds or other recreational areas used for organised sporting events
• Public transport stops and platforms , including ferry wharves and taxi ranks
• Within four metres of a pedestrian access point to a public building.

Find out more from NSW Health and No smoking near public buildings fact sheet

Should you wish to obtain approval to install and establish an outdoor dining area in association with your approved food business, you can use the Outdoor Trading/Dining Application form. Please ensure to read through the Outdoor Dining Guidelines to ensure your application meets any necessary requirements.

Please visit Service NSW to Change Boundaries of Licensed Premises to ensure requirements have been met. 

City of Newcastle was the first council in NSW to provide an option for businesses to permanently install outdoor dining structures/furniture on the public footpath. You need separate approval from City of Newcastle if you are going to erect permanent structures (including furniture and other structures) in a public space. Fees apply for these structures and further information can be found within the City of Newcastle's Fees and Charges document.

In 2020 in response to the COVID-19 Pandemic, City of Newcastle became the first council in NSW to scrap annual outdoor dining fees to encourage more outdoor dining and activate commercial centres. A no-fee option still remains available today to all businesses, on the condition that the outdoor furniture/structure is placed inside the café or restaurant at closing time.

Associated fees for the installation of Outdoor Dining markers can be found within City of Newcastle's Fees and Charges document.

If your outdoor trading identifies as exempt under subdivision 20B or 20C under the State Environmental Planning Policy (Exempt and Complying Development) 2008,  is proposed on public land, and has owner's consent, apply for Outdoor Alfresco Dining Application - Temporary  

Applications associated with a licensed venue must include one of the below completed forms:

AM0521 - Liquor license temporary change of boundaries - footpaths and roads

AM0522 - Liquor license temporary change of boundaries - outdoor land excluding footpaths and roads 

City of Newcastle will provide this application to NSW Liquor & Gaming if the application is approved. 

Associated fees for the application can be found within City of Newcastle's Fees and Charges document.