Footpath trading permits allow cafes, restaurants, and retail shops to use public footpath areas for outdoor dining, goods displays, or advertising signs.

While this can significantly enhance your business's visibility and customer capacity, strict regulations govern what you can place, where you can place it, and how you must maintain the area.

Each council has its own Footpath Trading Code, so you must check your local council's specific requirements.

When You Need a Footpath Trading Permit

Under most council local laws, a permit is required before you can [citation:3]:

  • Place or display any goods for sale on any road or municipal place
  • Erect, place, or display any advertising sign on any part of a road or municipal place (including A-frame or sandwich boards)
  • Use any road or municipal place for outdoor eating facilities (tables, chairs, umbrellas)

Operating without a permit can result in fines and removal of your items.

Permits are not transferable—if you sell your business or take over an existing shop, you must apply for a new permit in your name [citation:3].

The Three Sections of the Footpath

Footpath trading regulations divide the footpath into three distinct zones. Understanding these zones is essential for compliance [citation:3].

The Walkway Section

The Walkway Section abuts the shop front (property line) and must remain completely clear of all items and goods at all times.

This zone provides a straight, unobstructed path for all pedestrians, including people with disabilities.

Pedestrians with visual impairments use the shop front as a point of reference, which is why it must remain clear.

The only exception is that items may be placed above 2.3 metres in height over the Walkway Section [citation:3].

Minimum width requirements for the Walkway Section are: 1.8 metres for footpaths with a total width of 3.5 metres or greater; 1.5 metres for footpaths with a total width of less than 3.5 metres [citation:3].

The Kerb Section

The Kerb Section must be a minimum of 0.75 metres wide to allow for car overhang and opening of car doors.

This section must remain clear of all items at all times. No items may protrude onto or project above the Kerb Section [citation:3].

The Trading Section (or Article Section)

The Trading Section is the only area where items may be placed. No items may protrude from this section into either the Walkway or Kerb Section.

Generally, only the footpath directly in front of your business may be used.

Using footpath outside an adjacent property requires written consent from both the landowner and occupier, plus appropriate insurance coverage [citation:3].

Specific Rules by Trading Type

Displaying Goods for Sale

If you wish to display merchandise outside your shop, you must comply with specific requirements [citation:3]:

  • Displays must only be placed in the Trading Section and must not protrude into or project above either the Walkway or Kerb Section
  • Total height of the display must not exceed the height of your business's doorway (taller displays block natural light and visibility)
  • Displays must be secure and stable, not able to roll or fall, and must not allow items to become dislodged in adverse weather
  • Displays must not be tethered to, or leant against, permanent Council furniture, bins, trees, signs, or parts of adjacent properties
  • Displays must be removed from the footpath at the close of business each day
  • Displays must not have sharp edges, protruding hooks, hangers, or any feature that could cause injury to pedestrians

Advertising Signs (A-Frames and Sandwich Boards)

A-frame or sandwich board style signage is permitted subject to strict limits [citation:3]:

  • Must only be placed in the Trading Section and must not protrude into either the Walkway or Kerb Section
  • Cannot be placed on the roadside, median strip, nature strip, or on roundabouts
  • Maximum dimensions: 1.1 metres high, 0.9 metres wide
  • Must be secure and stable, not able to roll or fall, or close in on themselves
  • Must be removed from the footpath at the close of business each day
  • Each business is limited to a maximum of two advertising signs

Outdoor Dining Facilities

Cafes and restaurants offering outdoor seating must follow these rules [citation:3]:

  • Furniture must only be placed in the Trading Section and must not protrude into either the Walkway or Kerb Section
  • All furniture must be secure, stable, and not able to fall
  • Each item must be removed from the footpath at the close of business each day
  • Furniture must not have sharp edges or protruding features that could cause harm
  • Tables and chairs must be kept clean for diners, with rubbish and dishes removed promptly and surfaces wiped clean with appropriate solutions

Temporary Cafe Screens and Wind Barriers

Screens and wind barriers may be permitted but are subject to additional restrictions [citation:3]:

  • Must only be placed in the Trading Section and must not obstruct either the Walkway or Kerb Section
  • Must not exceed 1 metre in height
  • Free-standing screens must be secure and stable
  • Nothing used to secure screens should cause a tripping hazard
  • Branding and advertising on screens should not exceed 50% of the surface area
  • Must be removed from the footpath at the close of business each day

Application Process

To obtain a footpath trading permit, follow these steps [citation:3]:

Step 1: Review Your Local Council's Footpath Trading Code

Each council has its own code specifying local requirements, fees, and prohibited areas.

Download or request a copy before preparing your application.

Step 2: Prepare a Detailed Site Plan

Your application must be accompanied by a detailed site plan showing exactly where you intend to place items on the footpath.

The plan must indicate measurements, distances from walls and kerb, and the dimensions of all proposed furniture, signs, or displays.

Measurements must be precise, as permit approvals depend on demonstrating adequate clearance in the Walkway and Kerb Sections.

Step 3: Obtain Public Liability Insurance

You must hold public liability insurance for a minimum of $20,000,000. The council must be noted as an Interested Party on the insurance Certificate of Currency.

Provide a copy of the certificate with your application [citation:3].

Step 4: Submit Your Application and Pay Annual Fee

Submit the completed application form, site plan, and insurance certificate to your local council.

An annual fee applies for the life of the permit. Fees vary by council and by the type and extent of footpath trading.

The council will conduct an annual inspection to ensure ongoing compliance, with additional inspections possible in response to complaints or concerns [citation:3].

Important: Permits are not transferable. New proprietors must apply for a new permit. Additional business permits may also be required, such as planning, building, food, or liquor licensing. Always check with your council about any further requirements.

Exclusions and Restricted Areas

Footpath usage will not be approved if it restricts access to certain features [citation:3]:

  • Loading zones
  • Disabled parking bays
  • Pedestrian crossing points
  • Service pits
  • Bus stops
  • Taxi ranks
  • Public telephones
  • Permanent council items (seating, bins, trees, signs)
  • Within 0.5 metres of trees and pits

Access points of at least 1 metre in width must be established and kept clear approximately every 10 metres.

When two adjoining businesses have permits, or when a business frontage exceeds 10 metres, these access points are mandatory.

Setbacks of at least 2 metres from corners are generally required to maintain sight lines for pedestrian and vehicle safety [citation:3].

Compliance and Enforcement

Councils take footpath trading compliance seriously. Common violations that trigger enforcement action include: displays left on footpath after business hours; items placed in the Walkway or Kerb Sections; exceeding maximum sign limits or dimensions; displays that are unstable or unsafe; failing to maintain required insurance coverage; and obstructing access points or council infrastructure [citation:3].

If non-compliance is identified, councils may issue warnings, fines, or revoke permits. In cases where continued non-compliance poses safety risks, council officers may remove and impound items.

Additional inspections may be conducted in response to any complaints received or concerns identified [citation:3].

Practical Tips for Success

  • Remember that your display reflects your business and is the first thing pedestrians will see. Do not over-brand or cram too many items onto displays.
  • Remove items that become faded, worn, or damaged from exposure to the elements.
  • Undertake regular maintenance of all displays and furniture to ensure they remain in good working order.
  • Maintain a clear view from inside the premises to the display for surveillance purposes.
  • Allow gaps between long displays to improve access.
  • For outdoor dining, consider the comfort of your diners and allow enough space between tables and chairs for easy access, including for those with mobility aids or prams.
  • Before purchasing furniture or signage, consider how materials will wear, how functional items will be, how they will reflect your business, and how easy they will be to keep clean [citation:3].