Apply for outdoor seating

If you want to use a council-owned footpath for outdoor seating for patrons of your bar, restaurant, café, club, or gaming venue, you must apply to the Council for permission. This page provides all the information you need to apply for and manage outdoor seating areas in Lower Hutt.


Eligibility Criteria

Before applying, please ensure you meet the following criteria:

  • Your business is located on a public street.
  • The footpath is at least 1.5 meters wide and unobstructed.
  • You have a letter of consent from the landlord.
  • You are willing to pay the application fee and annual fee (details below).

How to Apply

You need to apply for a temporary License to Occupy. This Encroachment License is essential for using public space for your business's seating.

Once the application is submitted, we can usually make a decision and issue the license directly. However, in some cases, we may need additional information, such as the dimensions of the furniture or details of any obstacles.

Download form


How to Lodge Your Application

You can submit your application:


Smoke & Alcohol Compliance

All outdoor seating areas must be smoke-free and vape-free as required by the Council’s Smokefree Outdoor Public Places Policy. Additionally, alcohol cannot be consumed in these areas unless they are already licensed under the conditions of the operator’s alcohol license.


Renewals & Fees

The Encroachment License requires an annual charge with charges reviewed annually. The fees are as follows for 2024-2025:

  • Annual payment fee: $64.10
  • One-off application fee: $335

Please note that all Encroachment Licenses are subject to inspection and can be revoked at any time.


Contact Us

If you have any questions, please contact us: