Food premises

Outdoor dining

Auckland has many opportunities for al fresco dining and council has encouraged this activity by licensing businesses to lease part of the pavement in front of their establishments so long as the principle purpose of the resulting activity is dining.

Since the introduction of anti-smoking legislation on 10 December 2004, there has been a steady increase in the number of outdoor seating licence applications to Auckland City. Visit the Ministry of Health website for more information about the smoke free legislation.

Before granting these licences, Auckland City must consider how it will affect the surrounding area and residents - through aspects such as noise and overcrowding.

For those with a licence, here are a few guidelines to think about when allowing patrons to gather outside your premises.

Hours of operation | Consuming alcohol outdoors | Insurance for outdoor seating | Applying for an outdoor dining licence

Hours of operation

The primary purpose of outdoor seating licences is to allow patrons to sit outside while eating a meal, rather than while only smoking or drinking. With this in mind, Auckland City has introduced an interim restriction on the hours of operation for new applications until the council has reviewed the official policy on this matter.

The restricted hours correspond to general noise rules. The policy for bars and taverns will be considered following a review later this year.

The interim restricted times are:

CBD Ponsonby Road	up to 11pm
outer suburbs	up to 10pm

A decision to adopt the principle of the review is very close.

Consuming alcohol outdoors

If you don’t have a licence to serve alcohol outdoors, you need to ensure that patrons don't consume liquor in this area.

Auckland City regularly checks that these areas are being used in accordance with their licences. Checks include biannual visits by environmental health officers as well as impromptu visits by liquor licensing inspectors who may also attend when following up on complaints from the public.

A fine of up to $40,000 or up three months imprisonment can be imposed for selling or supplying liquor on an unlicensed premises.

If you would like clarification on your licensed area contact Auckland City on 353 9090.

Insurance for outdoor seating

All food premises owners who have outdoor seating areas are legally required to have public liability insurance to cover any potential incidents affecting patrons' health and safety.

Activities on the street need to take into account the safety of road users, pedestrian convenience, the protection of public health, the provision of safe food, the location of the traders and whether they enhance the environment in which they operate. For these reasons, it is imperative to have public liability insurance cover to protect the public. For more information, contact your insurance provider.

An outdoor seating licence will not be issued to a premises without public liability insurance.

Applying for an outdoor dining licence

For more information on how to apply for an outdoor dining licence, contact us.