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Business Use of a Public Footpath

All business use of public footpath areas must be covered by an appropriate licence agreement.

There are three main licence agreements and one non-licence approval for activities associated with business use on public footpath in the Gosford LGA: Outdoor dining on public footpath licence, street vending on public footpath licence, approval to place removable structures on public footpath and approval to construct fixed structures on public footpath.

Outdoor dining on public footpath licence

An outdoor dining on public footpath licence permits a business owner to provide a suitable number of approved tables and chairs in an agreed area.

Shade structures and pot plants require an additional licence and approval; please refer to removable structures on public footpath and fixed structures on public footpath licences.

Street vending on public footpath licence

This licence allows a business owner to erect an approved display (stand/rack) in the footpath area directly outside their shop as well as sell the approved goods within the agreed licensed area. Examples of include florists, green grocers and clothing shops. 

Unsuitable items placed within the footpath area would include but are not limited to whitegoods, boxes, crates, electrical and/or other large goods. 

This licence agreement is not to be confused with an approval for the Conduct of Street Stalls and Raffles on Public Property (under Policy Conduct of Street Stalls and Raffles on Public Property T5.02), which permits accredited organisations to operate street stalls and sell raffle tickets on public property up to five times per year.

Approval to place removable structures on public footpath

This licence includes removable structures such as umbrellas, heaters and pot plants, which are removed from the footpath at close of business each day.

Removable structures on public footpath licences are typically only granted where there is already an existing outdoor dining or street vending licence over the subject site, and only with the same licensee.

Approval to construct fixed structures on public footpath

This approval includes fixed structures such as: umbrellas, awnings, pavilions, landscaping and planter boxes. 

A fixed structure application will only be assessed where there is an existing outdoor dining or street vending licence over the subject site, and only with the same licensee.

Note: any proposed fixed structures that would attach to buildings on private property may require development consent under the Environmental Planning and Assessment Act 1979 and the Gosford Council Planning Ordinance.

Further more information or to fill out an application, see the Guidelines for Business Use of Public Footpaths


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