Pop-up shops

A great place to start is to visit websites that focus on short term leasing opportunities, for example:

• Creative Spaces (some retail options)
• JLL Specialty Mall Leasing
• Pop Hub. 
• Pop UP First
• Spacely.

You can also search for vacant shops on standard commercial property websites such as:

• realcommercial.com.au
• Commercial Real Estate.

A pop-up shop might be more achievable if you partner up with some related businesses to share the opportunity. Join Council’s Business in Brisbane Facebook Group to reach out to other businesses and also keep up to date with any opportunities that may come up.

If you are not ready for the commitment and responsibility that comes with a pop-up shop, you can consider other opportunities for retail space through collective multi-store type arrangements such as:

• Vend
• Empire Revival
• Fifth Avenue Lifestyle.

Pop-up tenants are generally required to hold public liability insurance to cover potential liabilities to third parties for personal injury or damage to property. This type of insurance does not usually cover employees or volunteers.

Other common insurances temporary tenants may consider taking out will depend on the activities being undertaken. For example:

• selling products – if you are selling products you may need to consider product liability insurance to cover damage to people or property as a result of faulty products
• providing services or advice - for temporary tenants that provide services or advice involving the use of some special skill or ability, professional indemnity insurance provides cover for loss that may be sustained as a result of that advice
• employing staff - if you are employing staff at your temporary premises, all employers must have workers’ compensation insurance.

Other insurances to consider may include contents insurance and window insurance.

Find out what kind of insurances are already in place by the property owner. The property owner often has building insurance and window insurance and may suggest that you pay a fee towards these insurances. Otherwise, you may need to get your own insurance to cover these items. You also need to decide whether you want to take out contents insurance.

Some insurers now offer specific insurance policies for pop-up shops to provide a combination of the insurances that you need.

Council has included sample pop-up clauses that you may wish to consider to make the pop-up shop agreement process easier. 

Pop-up tenants can expect to pay a rental fee and utilities as part of a pop-up agreement. Utilities may include electricity, gas, water and Wi-Fi costs while you are in the premises.

Pop-up tenants may also be required to contribute to rates, which are often called ‘outgoings’. Property owners pay rates on their properties and traditionally pass this cost on to long term tenants. 

Retail costs may include:

• shop fit-out – cleaning, painting, shelving/display furniture and visual merchandising
• point of sale – store payment options such as EFT facilities.

The Queensland Government provides a guide to effective shopfittings and creative retail displays

Making people aware of your pop-up shop is very important as you may not be able to rely solely on foot traffic. You will need to consider how you are going to promote your pop-up shop. If your business already has a strong online following, you will be able to leverage that to encourage customers to visit you in person.

Other opportunities to consider include:

• using Google My Business to provide opening hours, contact information, website and social media links and photos
• promoting your pop-up shop through local Facebook Community pages
• letterbox drop to surrounding communities
• paid online marketing such as Google Pay Per Click or Social Media Marketing.

Council often has free business events on marketing and the Queensland Government provides practical advice regarding direct marketing and online marketing.

You can consider listing the property on websites that advertise properties for short term leasing, including:

• Creative Spaces 
• Spacely
• Pop Hub.

You could also join Council’s Business in Brisbane Facebook Group and post about the pop-up opportunity. 

Brisbane City Council has assembled some sample pop-up occupancy licence clauses to provide guidance with legal requirements and to help minimise administrative and legal costs.

The sample clauses support a short-term licence, where the tenant bears responsibility for the cost of utilities (but not outgoings). A tenant should carefully consider the length of term of any pop-up occupancy licence as that term and any right to extend the occupancy licence of six months or more, is likely to mean the provisions of the Retail Shop Leases Act 1994 will  apply.

If you plan to use the sample pop-up clauses as a guide, 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.

Council  accepts no responsibility for use of, or reliance on, these sample clauses.

If you choose to use these clauses, Council suggests that you ensure the clauses are customised to reflect your specific agreement by including:

• the licensor and licensee’s name
• the address of the licensed area and permitted use
• the rental fee
• the amount or rate or arrangement for utilities to be charged (as agreed between the property owner and the tenant)
• the amount of public liability insurance required of the licensee for the duration of the agreement
• any terms/conditions specific to your situation
• signature block for each party to sign.

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