The Business and Planning Act 2020 introduced a new licence which allows premises serving food and drink such as bars, restaurants and pubs to apply for a pavement licence to place removable furniture (including tables and chairs) on a relevant highway adjacent to the premises.
On 31 March 2024, the Government changed the law regarding pavement licences. To find out more, read the pavement licence guidance on the GOV.UK website (external link).
The furniture may be used for one or both of the following purposes,
- use of the furniture by the licence- holder to sell or serve food or drink from, or in connection with the relevant use of, the premises.
- use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, the premises.
Cost
Fees for renewals and new licences are:
- New application fee is £500
- Renewal application fee is £350
Please complete the pavement licence online form:
Applications for a pavement licence must be accompanied by:
- A plan showing the location of the premises defined by a red line.
- The plan must show the proposed area covered by the pavement licence in relation to the highway, measurements must be clearly shown.
- The plan must show the number and position of the tables and chairs and any other items you wish to place on the highway.
- The plan shall include clear measurements of the pathway width, building width and any fixed item in the proposed area, for example, lamp posts.
- The proposed days of the week and times of the day between which it is proposed to put furniture on the highway.
- Photo’s of the proposed furniture and information on the potential siting of it within the area.
- Evidence that the applicant has met the requirement of placing a site notice (for example photographs of the site notice outside the premises).
- A copy of the current public liability insurance certificate to a minimum of £5 million.
- Any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied.
Public consultation
The same day you make the application you must:
- Fix a notice of the application to the premises so that the notice is readily visible to, and can be read easily by members of the public who are not on the premises.
- Ensure the notice remains in place until the end of the consultation period.
- Indicate that representations relating to the application may be made to the local authority during the public consultation period and when that period comes to an end.
Failed application redress
If the site is deemed unsuitable for a pavement licence, or if relevant representations are made which cannot be mitigated by conditions, then your application will be refused.
There is no statutory right of appeal against a decision to refuse an application. However, if you can mitigate against the refusal, your representation will be considered by the Head of Legal Services or a delegated Senior Officer, the Chairperson, Vice Chairperson and a member of the Licensing Committee, whose decision will be final.
Pavement licence fees are non-refundable, if an application is refused, withdrawn, or a licence revoked or surrendered before it expires.
After your application is submitted
Public consultation on the application starts the day after the application has been made and lasts for 14 consecutive days, representation received after this day will be considered invalid.
Applications will be checked to ensure that all the relevant information has been provided. If an application is incomplete we will make contact with the applicant requesting the missing information. The 14 day consultation will then start the day after the missing information has been provided.