Commercial Occupation licences
Commercial Occupation licences for footpath and car park dining, street stalls and markets
Council wants to encourage people to provide outdoor dining, street stalls and market activities for our community because these activities encourage people to visit our commercial centres and to stay longer and contribute to a thriving, accessible and people-focused city. A balance is also needed between the rights of the inner city commercial sector, the retention of open space, and establishment of trading sites.
Council adopted a Policy in 2024 to provide a framework for decision making on the current management and future allocation of commercial activities on footpaths, car parks and parking squares.
The purpose of this Policy is to provide a framework for footpath and car park dining, street stalls and markets on all legal road controlled by Council, as well as the 1903 Square and Cathedral Steps.
It will inform and advise businesses of the requirements and assessment matters when applying for a commercial occupation licence for these activities.
The Policy does not apply to commercial occupation of:
- any other land controlled by Council
- the Saturday Market in Montgomery Square
- Privately owned land
Are you wanting to set up outdoor dining, a street stall or an ongoing market?
Application forms
You will need to apply for a commercial occupation licence with Council by filling out the relevant application form below:
- Outdoor dining (an extension of a café, bar or restaurant to be set up on a footpath or other public place)
- Street stall (a cart, which pursuant to a licence to occupy issued by Council, is authorised to occupy a dedicated site within Nelson)
Terms and conditions
Example licence agreements can be found below. These agreements will provide the general licence terms and conditions so you know what you can expect if you enter into a commercial occupation licence with Council.
- Template – Licence of Occupy Stall
- Template – Licence to Occupy Carpark Dining
- Template – Licence to Occupy Footpath Dining
Please also refer to Council’s Commercial Occupation Policy for the matters that Council will consider when assessing licence applications, as well as information on the licencing cycle.
