There are two fast-track pathways for applying for a temporary change of boundaries to include outdoor areas or adjacent indoor areas. The pathway you use will depend on the type of land and whether council approval is required.
Pathway 1: Temporary change of boundaries on footpaths and roads
If you are seeking to operate temporarily on land which is a footpath or road where local council approval is required for the use of the land, apply using the steps outlined below.
Consent from your local council for the use of the land is required.
Several conditions are proposed for a temporary change of boundaries under this pathway, including:
- food must be made available to patrons within the temporary area at all times that the area is operating
- a copy of the approved plan of the licensed boundary must be made immediately available for inspection by a police officer, council officer or Liquor & Gaming NSW inspector upon request
- the temporary change to boundary may be revoked at any time by the council/Landholder or Liquor & Gaming NSW.
- the licensee may sell alcohol from the indoor area of the premises to patrons using the temporary outdoor dining area provided that the Licensee ensures drinks are only consumed within the licensed areas.
You can provide objections or comments on the proposed conditions, and they will be considered before a decision is made.
- Apply to your local council for approval for the use of the land.
- Once council approval has been granted, the council will provide you with an AM0521: Liquor licence temporary change of boundaries – footpaths and roads form.
- Complete the ‘AM0521: Liquor licence temporary change of boundaries – footpaths and roads’ form and return it to your local council. Your council will submit the form to Liquor & Gaming NSW (L&GNSW) on your behalf.
- We will notify you by email of the outcome.
Please note these are indicative timeframes only.
Temporary liquor licence boundaries changes for footpaths and roads are generally processed by L&GNSW within 5 business days of receiving the application from Council.
There is no fee for this application.
Pathway 2: Temporary change of boundaries on other types of land (not footpaths or roads)
If you are seeking to operate temporarily on private and/or public land (such as parks, carparks and bowling greens, adjacent to licensed premises) or adjacent indoor areas, apply using the steps outlined below. This doesn’t include outdoor dining on footpaths and roads.
Outdoor dining on this type of land will not typically require council approval.
There are some exclusions including being on land in an environmental zone, or in a place of Aboriginal heritage significance identified in a local environmental plan.
Please refer to The Department of Planning and Environment Outdoor Dining Fact Sheet.
If you are unsure whether council approval is required for the use of the land, contact your local council.
The licensee must have landholder consent for the use of the land.
Several conditions are proposed for a temporary change of boundaries under this pathway, including:
- food must be available to patrons within the outdoor dining area at all times that the area is operating
- a copy of the approved plan of the licensed boundary must be made immediately available for inspection by a police officer, council officer or Liquor & Gaming NSW inspector upon request
- gaming machines are not permitted in these areas
- the outdoor area must not be located on a rooftop of a building
You can provide objections or comments on the proposed conditions, and they will be considered before a decision is made.
Submit the following to Liquor & Gaming NSW (L&GNSW)
- complete the AM0522: Liquor licence temporary change of boundaries – outdoor land excluding footpaths and roads form (PDF 262.52KB)
- return the form by email to L&GNSW including the site plan and any other applicable attachments
We will notify you by email of the outcome. The change to the boundaries on other types of land continues indefinitely while the land is exempt development.
Please note these are indicative timeframes only.
Temporary liquor licence boundaries changes (excluding footpaths and roads) are generally processed by L&GNSW within 10 business days of receiving the application.
There is no fee for this application.
Making your temporary boundaries change permanent - fast track process
If your venue has operated for a period of 12 months or more with a temporary change of boundaries you may be eligible for a fast-track process to make your temporary boundaries change permanent.
If your application involves outdoor dining on footpaths and roadways
A permanent boundaries change under this fast-track process is subject to several conditions, including:
- approval from your local council (or consent authority) and the landholder to use the land for outdoor dining
- you must have been operating with a temporary boundaries change for a period of 12 months or more
- there must not have been any significant compliance issues during the temporary boundaries change period
- you are not applying to alter any of the conditions of your existing temporary boundaries change approval
- if you do not meet these conditions, you can apply through the standard process to permanently change the boundaries of your liquor licence - apply online through the Liquor Licence Manager
- seek approval from your local council for the use of the land for outdoor dining
- your local council will provide you with the form to convert your current temporary liquor licence boundaries change to a permanent boundaries change for outdoor dining
- if council has not provided you with this form and you believe you are eligible for a permanent boundaries change, please email L&GNSW to request the form
- complete this form and return it to your local council. They will review it and forward all approved forms to our licensing team to process.
Venues which are not eligible and have been approved for temporary outdoor dining on private and/or public land (such as parks, carparks, and bowling greens, adjacent to licensed premises) can apply for permanent outdoor dining via the standard process.
Fast-track permanent liquor licence boundaries changes are generally processed by L&GNSW within 10 business days of receiving the application.
There is no fee for this application.
If you do not hold an existing temporary outdoor dining approval and would like to set up a new permanent area, you can apply through the standard process to permanently change the boundaries of your liquor licence - apply online through the Liquor Licence Manager