Industry Update: the Vibrancy Reform Series (Part 3)

The regulatory landscape for outdoor dining has evolved rapidly, from lockout law reforms to COVID-19 compliance, and now through the Government’s Vibrancy Reforms. These changes formalise many pandemic-era flexibilities and remove outdated licensing rules.

Key updates include:

1. Relaxed requirements for permitted outdoor dining: From December 2023, food and drink premises may have outdoor dining as exempt development on footpaths, private land, and at registered clubs, subject to fulfilling necessary consent requirements.

2. Removal of seated-only drinking condition: From October 2024, patrons in temporary outdoor dining areas on footpaths and roads are no longer automatically required to be seated while drinking alcohol. This requirement now only applies if the venue poses safety risks or has a history of poor compliance.

3. Extended trading hours: From November 2025, the midnight restriction under the Liquor Act for temporary boundary changes on footpaths, roads, community land, pathways and public open spaces has been removed. This allows venues to apply for extended trading hours beyond midnight, particularly during major events or periods of increased activity.

4. Fee-free permanent outdoor boundary changes: From January 2026, licensed venues are able to convert a temporary outdoor dining boundary to a permanent boundary free of charge. The previous application fee of $121 has been removed to encourage venues to formalise their outdoor dining arrangements.

If you have a question about outdoor dining requirements or would like to expand your offering to include outdoor dining, don’t hesitate to contact our team at licensing@bsvliquorlicence.com.au, or on (02) 8530 0333.