Pavement licence

Under the Business and Planning Act 2020 (as amended by section 229 of and schedule 22 to the Levelling Up and Regeneration Act), you will need a pavement licence if you wish to place removable furniture such as tables, chairs and other items on the highway adjacent to the premises in relation to which the application was made, for certain purposes. This commenced on 31 March 2024 and makes this arrangement permanent and replaces the previous temporary process.

Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.

The maximum period a licence can be granted for is two years. No pavement licences can now be granted under the Highways Act 1980. The new guidance makes clear that a minimum width of 2000mm clear space should be provided between the obstacle and the edge of the footway. However, if this is not feasible due to physical constraints, then a minimum width of 1500mm could be regarded as the minimum acceptable distance

You can check the government guidance for more information.

You will need to download, print and display a completed notice at the premises. The notice will need to remain displayed at the premises for the duration of the 14 day consultation period (which begins on the day after the application is made and excludes public holidays).

Please note that where a charter is in place for the holding of any market or street fair, and the area is required by that fair or market, the holder of the licence must remove all furniture and items associated with the licence from that location for the duration of the market or fair.

Fees

How to apply

You can now apply for a pavement licence. Please note the application must be in an individual's name not in a company’s name.

Please attach the following documents to your application

• A copy of the notice – available to download from our website
• A photo of your notice displayed at the premises. This must be displayed where it can be read by members of the public not on your premises.
• Evidence of 5 million public liability insurance cover.
• A site plan showing the dimensions of the seating area, table and chair arrangement and other furniture/items such as barriers and heaters. This should also include access points, building lines, boundaries, kerbs etc. Suggested scales 1:1250/1:100.
• Location plan clearly outlining the premises and location of proposed outdoor seating area. Suggested scales 1:1250/1:500. The location plan may be included as part of the larger site plan.
• Evidence of the right to occupy the premises for example, the lease.
• Photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied
• Frontage consent forms. These are optional however provide evidence that the neighbouring properties are in support of the proposed.
• Any other evidence needed to demonstrate how any local and national conditions will be satisfied, including the ‘no obstruction’ national condition. Associated trading/alcohol/planning permissions from district council. Liaison and consultation with the police including sales and consumption of alcohol outside the establishment.