If you are thinking of opening a café, restaurant or small bar, the Service NSW Easy to do Business Concierge Service will give you the information and advice you need to start a successful business.

Businesses can use the footpath for either dining or display as long as they don't adversely impact on the use of the footpath by pedestrians.

How to get approval

Business operators are required to complete an Activities in Public Places application form. You will also need to provide the following information:

  • Plans showing business name, side and front boundaries of premises, distance from premises to kerb and clearance to all other associated streetscape items.
  • A copy of your Public Liability Insurance (Certificate of Currency) with $10 million coverage that states “Blue Mountains City Council as an interested party" or
  • A copy of the Public Liability Insurance (Certificate of Currency) with $20 million if business is located on a classified road (Great Western Highway, Darling Causeway, Bells Line of Road, Hawkesbury Road); policy must state “Blue Mountains City Council and RMS as interested parties”.

Application and annual use fees apply. Use fees cover the period from 1 November to 31 October. If you sell the business the new proprietor does not have to pay the annual fee, where it has already been paid. The incoming proprietor will however need to complete a new application if they want to continue to use the footpath.

Footpath usage specifications

Footpath dining

A maximum width of 1.5m for footpath dining - based on the footpath being 3.5m wide - may need to be adjusted if the footpath is narrower.

There is no limit on the number of tables and chairs you can use, provided the number of seats does not exceed the requirements of the Building Code of Australia for toilet facilities, and the tables and chairs are located adjacent to the building and kept within the designated 1.5m wide area.

Storage of goods

A maximum width of 700mm for the storage of goods - based on the footpath being 3.5m wide - may need to be adjusted if the footpath is narrower.


An 'A' frame or similar sign can be used as long as the sign is located immediately adjacent to the premises and does not exceed the maximum size of 900mm high by 600mm wide.


Dogs are allowed in outdoor dining areas, at the business owner’s discretion. They must be on a leash, sit on the ground and not be provided with food. Dogs – other than assistance and guide dogs are banned from indoor dining areas. No dogs are allowed in food preparation areas.

Regulation of footpath use

Authorised officers carry out routine surveillance of a variety of activities throughout the city including footpath usage and signs.


Street stalls