In this section
Pavement licences (Business and Planning Act 2020)
A pavement licence allows bars, cafes and restaurants to place removable furniture, such as tables and chairs, on the pavement outside their premises.
Businesses who sell food or drink can apply for a pavement licence online under the terms of the Business and Planning Act 2020. Initially, this was temporary legislation brought in during the covid pandemic, which has now been made into permanent law.
Businesses who don’t sell alcohol can apply through either the Business and Planning Act 2020 or the Highways Act 1980.
The council has a policy (PDF - 586kB) in place to set out how we will deal with applications, as well as setting out the standard conditions (PDF - 482kB) that will apply to all licences.
Applications are submitted online. Applications must provide:
- proof that you hold public liability insurance (minimum £5million cover)
- a scale drawing of the proposed licensed area.
- All furniture, including barriers to mark out licensed area.
Fees
- 6 seats or less - £100 (new and renewals)
- 7 to 11 seats - £200 (new and renewals)
- 12 seats or more - £500 for new applications, £350 for renewals
All licences are for a period of two years.
A public notice (PDF - 520kB) advertising the application must be displayed on your premises on the day that the application is submitted to the council. This notice must remain on display for 7 consecutive days, and must be visible at all times of the day from outside the premises. If there are any problems with the display of a notice, the council may need to restart the consultation period.
Applications will be refused if granting the licence would result in:
- Unnecessary obstruction of the highway
- Unnecessary obstruction of the premises or neighbouring premises
- Preventing statutory undertakes (such as utility companies) or communication network operators from having access to equipment either in, on, or over the highway.
When considering if an application will cause unnecessary obstruction of the highway, the council's policy is that at least 2.5m of pavement must be left available for pedestrians to use once the pavement licence is in place.
The council are required to confirm the decision of an application within 7 days of the consultation period ending.
Tacit consent does apply, meaning that if the council has not determined an application within 14 days of it being submitted, it is automatically granted. Any licence granted under tacit consent will be subject to the standard licence conditions, but will only be in force for 12 months.
Under our policy, any party aggrieved at the decision to grant or refuse a licence may appeal informally to the council for the decision to be reviewed by a senior officer. Any such appeal must be made in writing within 21 days of being informed of the decision.
Any complaints about the operation of a pavement licence should be made to the licensing team in the first instance.
