A licence or lease of bare or vacant land does not constitute a 'retail shop lease' under the Retail Leases Act 1994 (NSW), even where the land is used as an outdoor dining area in conjunction with an adjacent restaurant. The position would be different if the lease extended to both the building and the outdoor area. Approvals under s 125 of the Roads Act 1993 for footway restaurants operate independently of the Retail Leases Act, and a council has no power to grant a lease or licence over a public road footway beyond what is authorised by the Roads Act.
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