If you want to use a footpath or public property to provide outdoor seating for patrons of a bar, restaurant, café, club or gaming venue, you must request permission from the Council.
Receiving permission does not mean that you can serve alcohol in that area. You will need to apply for a liquor licence for the area separately.
Use of Footpath Policy and Application (262Kb PDF)
Pavement permissions have become particularly important since December 2004, when the Smoke-free Environments Amendment Act 2003 began requiring hospitality venues (bars, clubs, restaurants, cafés, casinos and gaming machine venues) to be smoke-free indoors. If you wish to provide an area for smokers, it has to be outdoors, either on your own property or in a public area.
Smoke-free Law in New Zealand - Ministry of Health website
You must display your pavement permission next to the seating area so that the permission can be viewed from outside your venue. All permissions have an aerial photograph clearly showing the allowable area.
Displaying your permission will help patrons, staff and enforcement agencies to:
All pavement permissions are issued for a period of one year (1 July to 30 June). Annual fees include the renewal fee and a lease charge for the space. The Council generates reminders prior to expiry.
Sandwich boards can be displayed on public footpaths in locations with sufficient space and must not impede pedestrians.
For more information, contact the Infrastructure Applications Processing Officer on (04) 499 4444.
Council officers will visit all establishments using sandwich boards from June to July to license or re-license their boards.
The Council's Footpath Management Policy came into effect on 1 July 2007. During the consultation on the new policy, many people indicated they would like improvement in how sandwich boards are placed to reduce unsafe clutter on the footpath. Any boards consistently not complying with the policy will be removed from the footpath.
Department Details:
Building Consents & Licensing Services