transport · Waverley Council
Waverley outdoor dining areas cleared for standing customers, subject to safeguards
Standing eating and drinking would be permitted in approved outdoor dining areas, subject to alcohol, crowd-control and pedestrian-safety safeguards.
Hospitality operators in Waverley’s approved outdoor dining areas will be able to apply for standing consumption of food and beverages under proposed changes to the Footpath Seating Policy and Guidelines.
Waverley Council resolved to support the change with conditions covering responsible alcohol service, supervision and pedestrian safety. Customers must remain inside the approved outdoor dining area, while operators must prevent crowding, obstruction and spill-over onto the footpath.
The safeguards also require pedestrian access and public safety to be maintained at all times. Council would retain the power to revoke the standing component of an approval, or the broader outdoor dining approval, if an operator repeatedly failed to comply.
The change does not authorise standing customers across a public footpath. It applies to approved outdoor dining areas and remains subject to further policy, legal and public consultation steps.
Officers will prepare amended Footpath Seating Policy and Guidelines for Council approval before the proposed changes are publicly exhibited. The exhibition will allow residents, pedestrians and hospitality operators to comment on the wording.
The General Manager has also been asked to obtain legal advice on whether conditions requiring seated consumption in existing footpath seating permits can be amended or removed administratively. The advice will address the appropriate mechanism for bringing existing permits into line with the updated policy.
The proposal includes compliance with Responsible Service of Alcohol obligations and appropriate management and supervision of each outdoor dining area. Council also specifically required patrons to stay within the approved area and operators to prevent footpath obstruction.
Cr Wy Kanak asked for his vote against the motion to be recorded. The amended policy and any changes to existing permits will not take effect until the required approvals and consultation steps are completed.
Reference minutes
Waverley Council, Council meeting of 21 July 2026.
Key facts from the minutes
- Waverley Council resolved to update the Footpath Seating Policy and Guidelines to support standing consumption in approved outdoor dining areas.
- Customers must remain within the approved outdoor dining area, with crowding, obstruction and footpath spill-over prevented.
- Operators must comply with Responsible Service of Alcohol obligations and maintain pedestrian access and public safety.
- Council can revoke the standing component or the broader outdoor dining approval for repeated non-compliance.
- The amended policy will be prepared for public exhibition.
- Legal advice will examine whether seated-consumption conditions in existing permits can be changed administratively.
- Cr Wy Kanak asked for his vote against the motion to be recorded.
Why it matters
- Hospitality operators could gain more flexibility in approved outdoor dining areas, while customers would have to remain within designated spaces and pedestrian access and safety would remain protected.