Council encourages the establishment of outdoor dining areas in locations throughout the city of Newcastle.

There are guidelines you need to follow to get approval to establish an outdoor dining area. An outdoor dining area will only be permitted in association with an approved food business.

Outdoor dining regulations are contained within Element 4.9 of the Newcastle Consolidated DCP. The DCP contains all the requirements necessary in relation to outdoor furniture, toilet facilities, the consumption of alcohol, shade structures, cleanliness and maintenance.

Making an application

Before making an application it is recommended you contact Council's Customer Enquiry Centre to ensure you have the correct plans, details and insurance certificate.

You must complete an Outdoor Dining Application Form pdf.

Applications may be lodged at the Customer Enquiry Centre.

Permanent structures

You need separate Council approval if you are going to erect permanent structures and/or awnings in a public space.

RTA requirements

If your outdoor dining area is adjacent to traffic control signals or on a 'classification' state road you may require separate approval from the RTA.

Site requirements

An outdoor dining area is only appropriate where:

• The public space is wide enough to accommodate the outdoor dining 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 outdoor dining areas

Smoking in or adjacent to an outdoor dining area is prohibited.