The Business and Planning Act 2020 was passed to promote economic recovery and growth in response to the impact of the Covid-19 pandemic. This new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to get a licence to place furniture on the pavement.
The grant of a pavement licence will not alter the permitted hours on any planning permission or premises licence for the relevant premises, or affect any existing covenant on the land. If you are not already registered as a food business and you want to provide food and drink, you must register with Environmental Health.
Our pavement licence policy has more information on the terms of the licence.
How to apply
To get a licence fill out the online application form. There is no fee for the licence.
You do not need a premises licence to apply for a pavement licence. You do not need a licence to add furniture to any private land, for example, a car park.
You will need to include the following with your applications:
- Photos or brochures showing the proposed type of furniture
- Public liability insurance to a minimum value of £5 million
- Site plan to a suitable scale or with clear measurements
The site plan will need to show:
- property boundary and proposed boundary of area to be covered by the pavement licence (with a red line to indicate the area to be licensed)
- building and kerb lines
- furniture layout
- points of access and egress
- position of any lighting columns, litter bins, road signs or other existing street furniture
- areas designated as non-smoking, this includes vaping and e-cigarettes, we would encourage businesses to promote the area as non-smoking
Notice of application
On the day you apply you are required to give notice by fixing a notice of the application to the premises so that it 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 for seven days after you make the application.
Use the site notice template.
What happens next
We aim to determine the application within seven days, from the first day after the public consultation period (excluding Christmas Day, Good Friday or bank holidays).
If we do not give you a decision before the end of the determination period, the application is deemed to have been granted.
Licences will be granted until September 2021. Unless there are good reasons for granting a licence for a shorter period, such as plans for future changes to the highway in that area.
There will be a default no-obstruction condition, and you must provide a smoke-free area.
An obstruction of the highway is an offence under the Highways Act 1980 and will be dealt with by the Highway Authority or the Police. The Highway Authority retains the power under s.149 of the Highways Act to remove items on the highway which are a nuisance, whether they are licensed or not. This power is exercisable immediately in cases where the furniture causes a danger.
If there is a breach of a licence condition, we may either revoke the licence, or serve a notice on the licence holder requiring them to take steps to resolve the issue within a specified time. If the licence holder fails to comply with a notice, we may take the steps ourselves and recover the costs of doing so from the licence holder.
There is no statutory appeal process for these decisions.