The Business and Planning Act 2020 has introduced a new, temporary, fast-track process for businesses to obtain a pavement licence for the placement of furniture, such as tables and chairs, on the highway (including footpaths and pavements) adjacent to their premises. This permission can only be used for the purpose of selling or consuming food and drink in connection with the activity of the main premises. Licences will expire no later than 30 September each year that these can be applied for, which is currently expected to be 30 September 2022. This will help businesses to maximise their ability to trade, whilst adhering to social-distancing guidelines.
Prior to applying
These licences can only be issued if the land is considered to be part of the 'Highway'. If the land is privately owned then we cannot issue a pavement licence and you need to discuss your potential plans with the owner of the land. The licensing team is not responsible for identifying land owners.
Applicants must be able to adhere to the conditions below. If it is clear on application that they are unable to do so, then the licence will be refused.
Once an application is submitted for consultation the £100 is non-refundable, so it is important that applicants check carefully before submitting an application.
In accordance with section 5 of the Business and Planning Act 2020, we have published a list of standard conditions that will be attached to all pavement licences, both granted and ‘deemed granted’ (see below). Failure to comply with the conditions could lead to revocation of the licence, so it is important that you read this information before you apply and understand the requirements that you will need to comply with as a licence holder.
Anything done by the licence-holder pursuant to this licence, or any activity of other persons which is enabled by the licence, must not have the effect of:
1. Preventing traffic, other than vehicular traffic, from:
- entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway),
- passing along the relevant highway, or
- having normal access to premises adjoining the relevant highway.
2. Preventing any use of vehicles, which is permitted by a pedestrian planning order or which is not prohibited by a traffic order.
3. Preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
4. Preventing the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
5. Where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence holder must make reasonable provision for seating where smoking is not permitted.
Standard local conditions
How to apply
Applications must be submitted with the fee of £100. To apply for a licence, you will need to complete the online application form below and submit it along with supporting documents.
On the same day that you make the application, you are required to give notice of your application by fixing a notice of the application to the premises so that it is visible to, and can be read easily by, members of the public who are not on the premises. You also have to make sure the notice remains in place until the end of the public consultation period, which means the period of seven days beginning with the day after you make the application. You must use our template notice for this process.
All applications are subject to a seven-day public consultation period, starting the day after the day the application is made. We then have a further seven days to make a decision on the application. If we fail to make a decision within this time frame, the licence is ‘deemed granted’. There is no right of appeal if the application is refused.
When businesses apply for pavement licences the application will appear here whilst they are under consultation.