New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 166

166 Local councils to have temporary powers to encourage use of outdoor space

(1) During the prescribed period--

(a) a local council may decide, by notice published on its website--

(i) to temporarily allow the use of a footway or public open space associated with any of the following to be used as an outdoor dining area, extension of foyer space or a performance space--

(A) licensed premises or other lawful food and drink premises,

(B) entertainment, arts or cultural venue, or

(ii) to temporarily allow parking spaces within the local council's area to be used as an outdoor dining area, extension of foyer space or performance space, or

(iii) to temporarily close a road, for which it is the roads authority, for use as an outdoor dining area, extension of foyer space or performance space, or

(iv) to temporarily close a classified road, with the concurrence of Transport for NSW, for use as an outdoor dining area, extension of foyer space or performance space, or

(v) to temporarily vary a development consent or a development consent condition to allow outdoor performance, and

(b) if the council allows use of pathways, public open space, roads or other premises for a purpose mentioned in paragraph (a), the use is taken to be exempt development specified for the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .

(2) A local council may make a decision referred to in subsection (1) only if the council has--

(a) given the Minister at least 7 days notice that the council wants to trial outdoor dining and performance to assist with social distancing measures and invited the Minister to respond to the proposal, and

(b) given 7 days notice of its intention to make the decision--

(i) by publishing a notice about the proposed decision on the council's website, and

(ii) to the following persons--

(A) if the proposed decision relates to licensed premises--the Authority and the Commissioner of Police,

(B) if the proposed decision relates to a road for which the council is the roads authority--the Commissioner of Police and Transport for NSW,

(C) if the proposed decision relates to a classified road--the Commissioner of Police and Transport for NSW, and Transport for NSW has agreed to the road closure.

(3) A decision referred to in subsection (1)--

(a) has effect subject to a provision of an Act, regulation or other instrument that provides for noise attenuation for licensed premises or other premises, and

(b) has effect for the purposes of sections 126 and 127 of the Roads Act 1993 as if it were an approval granted under section 125 of that Act, and

(c) has effect despite any provision of the Roads Act 1993 , the Transport Administration Act 1988 or another Act, or a regulation or instrument made under an Act, that requires local councils to submit traffic management plans or consult with local traffic committees.