Pavement Licence

Pavement Cafe Licence

The Levelling Up and Regeneration Act 2023 came into effect on 31 March 2024. The provisions introduce a permanent pavement licensing regime in England to replace the temporary provisions introduced by the Business and Planning Act 2020. This permanent regime retains the key features of the 2020 regime and contains provisions relating to Pavement Licences aimed at streamlining the route for eligible businesses such as cafés, restaurants and coffee shops etc to apply for licences to place furniture on the highway.

You need a pavement licence if your business wants to place furniture on the highway to sell or serve food in connection with your premises.

A pavement licence permits the placing of:

• counters, or stalls for selling or serving food or drink.
• tables, counters or shelves on which food or drink can be placed.
• chairs, benches, or other forms of seating
• umbrellas, barriers, heaters, and other articles used in connection with the outdoor consumption of food or drink.

For further information, refer to the government guidance.

The fees are:

New:         £256 

Renewal:   £200

How to Apply

Your business must fix a Public Notice (Word Document, 0.1 Mb) of the application to the premises on the day you submit your application for a pavement licence. 

To apply, you will need:

• To read our Local Conditions.
• A copy of your certificate of public liability insurance, or cover note, in the sum of at least £5 million.
• Pictures of the design of all furniture to be used which must include barriers, tables and chairs along with any other furniture such as parasols etc.
• A plan or drawing of the site clearly showing the location of the premises, the relevant part of the highway to be used and the precise positions for all furniture.
• A clear photograph of your public notice in situ and readily visible to members of the public.
• Consent from neighbouring properties.
• You will be contacted for payment when the application has been accepted.

Pavement Licence Area Application Form (Word Document, 0.1 Mb)

Next steps

Once a completed application is submitted and duly made there is now a 14-day consultation period beginning on the first day following the day on which the application was made. Applicants will be required to display a public notice at their premises throughout the 14-day period. The Council will send the details of the application to relevant authorities and details of the application will appear on the Council’s website where it will be available for public consultation, this will allow for representation to be made. The register can be viewed on our Licensing Applications Page.

Following the last day of the consultation period there is also a further 14-day period for determination of the application, any representations, recommendations, or adjustments. A site meeting may be requested.

By the end of the determination, the applicant will be informed of the Council’s decision.

The Licence may be granted with the standard conditions or may be granted with additional conditions specific to the site or may be refused for reasons that will be clearly explained. If the Council does not make a formal decision about the application by the end of the determination period, the licence is deemed to have been granted.

Pavement licence expiry

New pavement licences may only be awarded for a maximum of 2 years.

Current holders of pavement licences that expire on 30 September 2024 will need to apply to renew their licence if they wish to continue trading under a pavement licence beyond this expiry date.

Compliance 

All licences are subject to local conditions and other site-specific conditions as may be deemed appropriate by the authority. If you are granted a licence and don't abide by its conditions, it may be revoked at any time on the grounds that you have breached the conditions.

If a business is found to be placing furniture on a relevant highway without the required licence the authority may serve notice requiring its removal. Non-compliance of a notice may result in removal and storage of the furniture for which the council will seek to recover any costs incurred.

Pending pavement licence applications

All applications are published on the council’s website here View Licence Applications

Useful documents:

Guidance

Pavement Cafe Licence Conditions 2020 (Word Document, 0.1 Mb)

Health and Safety Guidance and Risk Assessment Template

Application form and template public notice:

Pavement Licence Area Application Form (Word Document, 0.1 Mb)

Public Notice (Word Document, 0.1 Mb)

For Alcohol Licensed Premises the Home Office has now published guidance on temporary off sales permissions which can be viewed here