Sample pop-up occupancy licence clauses

Brisbane City Council has assembled some sample pop-up occupancy licence clauses to provide guidance with legal requirements, making it easier for both property owners and pop-up tenants to activate vacant shops.

Review the Pop-up Shop Program disclaimer before registering your interest.

The sample clauses support a rent-free, 60-day licence, where the tenant bears responsibility for the cost of utilities (but not outgoings). Council recommends that the term and any right to extend the occupancy licence remain at six months or less, as this should mean the provisions of the Retail Shop Leases Act 1994 will not apply.

The sample pop-up occupancy licence clauses can be used freely. However, if you plan to use them, you will need to make sure that they are suitable for the shopfront letting in question, with any necessary adaptations, and seek independent legal advice as appropriate.

While Council has used its best endeavours to ensure that the occupancy will match most temporary arrangements, Council cannot take any responsibility for use of, or reliance on, these sample clauses.

Download the sample pop-up occupancy licence clauses (Word - 96kb).

Pop-up Shop Program disclaimer

Brisbane City Council provides no warranty regarding the suitability, accuracy, reliability, fitness for purpose, effectiveness, benefits of or outcomes from any content, products, information or materials provided through these webpages, forms and related documents in support of the Pop-up Shop Program Initiative. Participants use and rely upon the content, products, information and documents at their own risk.

While Brisbane City Council will use its best endeavours, no responsibility is accepted for the suitability or fitness for purpose of any introduction, matching or partnering of property owners with interested start-ups or businesses for the vacant spaces and no endorsement or validation is implied or offered by Council by reason of that introduction. Participants must satisfy themselves through their own checks, enquiries and /or inspections in that regard.

Brisbane City Council provides no representation, warranty or guarantee as to any outcome, benefit or advantage, tangible or intangible, arising from or in relation to any opportunity or introduction offered, accepted or declined by a participant in the Initiative, and Brisbane City Council accepts no liability for any loss, damage, debts, costs, or expenses incurred or attaching to a participant through its involvement with this Initiative.

Last updated: 13 October 2021