Notice of Public Exhibition – Use of Public Footpaths for Restaurant and Outdoor Seating Policy.

Tamworth Regional Council is seeking feedback from the community about its proposed changes to the Use of Public Footpaths for Restaurant and Outdoor Seating Policy.

A public consultation period was held between 18 April 2023 and 16 May 2023. Feedback from the general public was generally positive and supportive of removing the need to provide a meal with alcohol in outdoor footpath dining areas of licenced premises.

It is recommended that the Tamworth Regional Council Footpaths – Use of Public Footpaths for Restaurant and Outdoor Seating Policy be amended so that Section 3 Alcohol Consumption at Outdoor Dining Premises in the Tamworth CBD Alcohol Free Zone reads as follows:

“Alcohol consumption is only permitted where the proprietor has a suitable liquor licence, and has satisfied all the requirements of the relevant licencing authority. The consumption of alcohol at outdoor footpath dining facilities within the Tamworth CBD alcohol free zone will be permitted where staff have Responsible Service of Alcohol (RSA) Certification and is subject to compliance with the following conditions:

• the proprietor must hold a valid outdoor dining licence. Such approval must be
• valid and all associated fees and indemnities in place;
• the areas must be barricaded off from the remainder of the street so as to delineate the area;
• the footpath dining space must not detract from the general amenity of the area;
• alcohol must be served by the proprietor or representative of the restaurant. Under no circumstances must alcohol be stored under or near the tables at BYO restaurants;
• all conditions pertaining to the outdoor dining facility must be adhered to as set out in both this Policy and the licence, together with any relevant legislation;
• furniture, umbrellas or barriers advertising alcoholic beverages are not permitted; and
• no glass is to be provided with meals after 9:00pm and from 10:00pm onwards no glass is to be present in footpath dining areas.

We are aiming to ensure that our policies do not create barriers to enhancing the alfresco dining scene in our CBD. All licenced venues will still need to comply with their individual liquor licence conditions regarding the service of alcohol, regardless of Council’s decision to amend the current policy.

The draft policy will be on public exhibition for a 28-day period, commencing from Wednesday 12 July, 2023 and ending on Wednesday 9 August, 2023.

A copy of the draft policy can be found here.

Alternatively, feedback can also be submitted by sending an email addressed to: The General Manager, Tamworth Regional Council at trc@tamworth.nsw.gov.au before Wednesday 9 August, 2023.

We are reviewing our Footpath Dining Policy, which currently prevents people dining on the footpath outside venues in Tamworth’s CBD from consuming alcoholic beverages without ordering a meal and during Tamworth Country Music Festival no alcohol can be consumed at outdoor dining venues.

During the April 2022 and January 2023 Country Music Festival Council allowed alcoholic beverages to be consumed at outdoor dining venues with a meal and found no change in anti-social behaviour.

The proposed policy change has come about from feedback from local businesses, and we are aiming to ensure that our policies do not create a barrier to alfresco dining in our CBD. Venues will need to adhere to their individual liquor licences regarding the service of alcohol.

We have worked closely with Police and the Independent Liquor and Gaming Authority seeking advice about the possible changes to the policy.

We asked what changes you would like to see happen to the current policy and all feedback received from licenced premises and the wider community during this consultation will be considered by Councillors at a Council meeting in June.