Apply for a Footpath Trading Permit

You need a Footpath Trading Permit if you want to use a public footpath or Council land for your business. 

A permit is required to:

  • set up dining on the footpath outside your business
  • set up dining on your neighbour’s footpath
  • set up dining in a converted parking space outside your business (roadside dining)
  • display goods
  • display goods on your neighbour's footpath (Extended Goods Permit)
  • display an advertising board
  • set up a night club queue
  • set up a waiting area permit
  • display a real estate pointer board. 

Key information

Footpath Trading Permit Annual Renewal invoices will be received later this year. Invoices for the period 1 July 2023 to 30 June 2024 will be due for payment on 28 July 2023. Payments made after this due date may result in the permit being invalid.

View our Footpath Trading Fee Structure Framework(PDF, 300KB) for details.

Use our Permit Finder if you’re not sure what permits you need, or call our Local Laws team on 03 8290 1333.

How to apply

Receive your Food Registration

You need to apply for Food Registration and Plans Approval before you can apply for a Footpath Trading Permit.

Prepare your documents

Prepare the documents you may need to submit with your application.

This depends on the type of Footpath Trading Permit but you may need the following:

  • Certificate of Currency for public liability insurance covering a minimum of $20 million.
  • Completed aerial site plan, including position of Council assets as well as the layout of furniture including chairs, tables, umbrellas, heaters and other items. All site plans must be an appropriate scale (1:100 or 1:200).
  • Completed elevation site plan, including position of all Council assets. All site plans must be an appropriate scale (1:100 or 1:200). Please refer to the example site plans for outdoor dining(PDF, 304KB) and goods trading(PDF, 359KB) applications.
  • Three photos of the premises showing the front and adjacent properties, including parking signage and infrastructure, as well as the location of Council parking signs and assets.
  • Letter of consent from adjacent ground level business owner, body corporate and/or occupier. If the adjacent property is vacant, you’ll need a letter of consent from the owner of the property.

Complete the application

Complete the application and pay online.

Apply now

The application fee is $75. The permit fee depends on the length of your outdoor space and whether your location is designated as a busy area or other area type.

Receive the outcome

You will hear from Council via email about your application, which can be accepted, rejected or accepted with conditions.

Receive your permit

If Council accepts your application, you will receive your permit sticker in the mail. You may also receive the sticker from a Council officer when they complete the final inspection. The sticker must be stuck to the front window of your premises.

Council officers will make regular inspections to make sure you meet all permit conditions.

Fees and conditions

Outdoor dining on the footpath

  • A current permit sticker must be displayed on the front window of your premises.
  • Dining permits are only approved to registered food businesses.
  • Permanent fixed footpath dining furniture and barriers are not permitted.
  • A one metre gap must be left between adjoining trading or access zones. This means a clearance of 500 millimetres is required at both ends of a property boundary to allow for access to the pedestrian zone.
  • A pedestrian zone of a minimum of 1.5 metres must remain clear and free from obstruction, to allow access to pedestrians.
  • A kerb zone of a minimum of 300mm must remain clear and free from obstruction, to allow access to and from parked vehicles.
Charge type Fee

Footpath dining in busy* areas

Small (up to 4 metres)

Medium (4 to 8 metres)

Large (8 to 12 metres)

Extra Large (12 metres plus)

 

$800

$1,200

$2,800

$4,800

Footpath dining in all other areas

Small (up to 4 metres)

Medium (4 to 8 metres)

Large (8 to 12 metres)

Extra Large (12 metres plus)

 

$400

$600

$1,400

$4,800

 

*A busy area is defined as a property on:

  • Chapel Street
  • Commercial Road
  • Greville Street
  • High Street (Punt Road to Bangs Street and Northcote Road to Spring Road)
  • Toorak Road (Punt Road to Grange Road)
  • Malvern Road (Chapel Street to Mathoura Road)
  • Glenferrie Road (Dandenong Avenue to Drysdale Street)
  • Wattletree Road (Duncraig Avenue to Drysdale Street)

Goods Permit and Extended Goods Permit

  • A current permit sticker must be displayed on the front window of your premises.
  • Goods displayed must not exceed 1.5 metres in height.
  • A pedestrian zone of a minimum of 1.5 metres must remain clear and free from obstruction, to allow access to pedestrians.
  • A kerb zone of a minimum of 300mm must remain clear and free from obstruction, to allow access to and from parked vehicles.

You can also apply for an Extended Goods Permit to display goods on your neighbouring premises. You may need to supply proof of consent.

Please note you cannot display white goods on the footpath in the City of Stonnington.

  Fee

Goods on footpath in busy* areas

Small (up to 4 metres)

Medium (4 to 8 metres)

Large (8 metres plus)

 

$400

$600

$1,400

Goods on footpath in all other areas

Small (up to 4 metres)

Medium (4 to 8 metres)

Large (8 metres plus)

 

$200

$300

$700

*A busy area is defined as a property on:

  • Chapel Street
  • Commercial Road
  • Greville Street
  • High Street (Punt Road to Bangs Street and Northcote Road to Spring Road)
  • Toorak Road (Punt Road to Grange Road)
  • Malvern Road (Chapel Street to Mathoura Road)
  • Glenferrie Road (Dandenong Avenue to Drysdale Street)
  • Wattletree Road (Duncraig Avenue to Drysdale Street) 

Advertising Board Permit

  • A current permit sticker must be displayed on the front window of your premises.
  • The board must be no larger than one metre high and 750mm wide.
  • The board must be placed a minimum of 300mm from the back of the kerb within the trading zone, to allow for safe pedestrian and vehicle access.
  • The board must only advertise the business or service provided by the premises to which it relates.
  • Boards are not permitted on a street corner. They are only to be placed on the kerb side directly in front of the approved premises.
  • If the premises contains more than one business or service, you must provide written permission from the other business owner, body corporate and/or occupier to apply for a new permit or extend an existing one.
  • Only one advertising sign per business of any type is permitted on the footpath.
  • If your business is above the ground floor, you’ll need written consent from the business on the ground floor to display an advertising board.

An Advertising Board Permit costs $347 per board, per year. 

Night Club Queue Permit

  • A current permit sticker must be displayed on the front window of your premises.
  • It is the permit holder’s responsibility to ensure the safe management of patrons queuing at venues.
  • Night Club Queue Permits will not be issued adjacent to any outdoor dining areas.
  • Queuing and roped-off areas can only be established adjacent to the building line.
  • Queued patrons must not obstruct or impede pedestrian access on the footpath.
  • A minimum of 1.5 metre pedestrian access must be maintained.
  • Patrons must always be supervised by a permit holder to ensure people are not forced from the footpath onto the road. 

A Night Club Queue Permit costs $525 per queue, per year.

Waiting Area Permit

A Waiting Area permit can only be applied for by a business that requires to use the footpath for additional space for outdoor table and chairs, to provide patrons with an option to be seated while waiting for a service to be provided.

The service of food, drink and liquor is strictly not permitted for a Waiting Area permit.

An application can be made to occupy up to two adjacent neighbouring properties, in front of adjoining or consecutive shop fronts.

An Advertising Board permit is required to place an Advertising Board in the waiting area trading zone.

  • Small area (up to 4 metres): $350
  • Medium area (4 to 8 metres): $450
  • Large area (8 to 12 metres): $550

Real Estate Pointer Board Permit

  • Real estate agents may be granted a permit for signs (pointer boards) to be placed on the nature strip at or near a property for which the agent is acting.
  • Signs cannot be placed on the road, a roundabout, traffic island or garden bed, or where it creates any hazard to pedestrian or vehicle safety.
  • One permit allows up to 10 signs to be used at any one time.
  • Signs are only to be placed within two hours of the activity they are advertising and removed within two hours after the activity has ceased.
  • Corflute style pointer boards or similar must not to be attached to any Council-owned assets.

A Real Estate Pointer Board Permit costs $850 for a maximum of 10 boards per year.

Frequently asked questions

How much does a Footpath Trading Permit cost?

The application fee is $75. The permit fee depends on the length of your outdoor space and whether your location is designated in a busy area or other area type. Click on 'Fees and conditions' above to see details of current fees and conditions.

How long does it take to get a Footpath Trading Permit?

Once you submit your application and have paid the upfront fee online, you can use your Footpath Trading Permit immediately.

A Council officer will review and confirm your Footpath Trading application. We will then send you a permit sticker in the mail or a visiting Council officer will provide you with one. 

How long is a Footpath Trading Permit valid for?

It’s an annual permit valid from 1 July to 30 June each year.

You will receive an invoice each year to renew, with payment due 1 July.

When I buy a business with footpath trading, does the existing Footpath Trading Permit transfer to me?

No. Footpath Trading Permits are not transferable. You must make a new application before trading on the footpath.

How do I apply for a Footpath Trading Extended Dining Permit?

If you have a current Footpath Trading Dining Permit, you can apply online for a Footpath Trading Extended Dining Permit, for up to two neighbouring properties.

Apply now

You will need to provide your Footpath Trading Dining Permit number and pay the additional fee, which depends on the length of your outdoor space and whether your location is designated as a busy area or other area type.

You will also need to provide a letter of consent signed by the owner, body corporate and/or occupier of the adjacent premises. If the neighbouring business is sold, you must submit a new letter of consent to Council.

If your neighbour withdraws their consent at any time, the permit will be cancelled.

Does my tear-drop flag or banner need a permit?

Tear-drop flags or flying banner signs are not permitted on Council land.

Can I put a permanent barrier around my outdoor furniture?

No. Placing permanent fencing or fixed barrier structures around your outdoor furniture is not permitted on Council land.

Can I place other items on the footpath?

Yes. The placement of items such as tables, chairs, umbrellas, heaters and pot plants must be approved by Council and follow permit conditions.