The Pavement Licence was introduced in July 2020 under the Business and Planning Act 2020. The legislation became permanent in March 2024.
The aim is to support businesses to operate safely while social distancing measures remain in place by making it easier for premises to serve food and drink to customers seated outdoors whilst we recover from the Covid 19 pandemic.
With the pavement licence, a business can place removable furniture on the highway outside their premises to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.
Before you apply
- You must be a business that sells food and/or drink to the public.
- There must been enough space on the public highway to enable you to place your display of tables and chairs leaving a minimum of 2 metres between the trading area and the curb (or any street furniture).
- You must have Public Liability Insurance cover of £5 million in place for the premises.
- You must prove evidence of the right to occupy the premises.
- You must provide a detailed plan of the layout of the proposed seating area along with measurements in metres.
- You must supply photographs of the proposed furniture intended to be used.
- You must supply a photographs of the surrounding area.
Licences are valid for 1 year.
Who can apply?
- Businesses which use (or propose to use) premises for the sale of food or drink for consumption (on or off the premises)
- Businesses include: Public Houses, cafes, bars, restaurants, snack bars, coffee shops and ice cream parlours.
Existing street traders with tables and chairs
If you have already renewed your street trading licence and paid your renewal/annual fee, unfortunately, it is not possible to receive a refund but you can trade immediately, subject to the conditions on your current licence. Your current street trading licence is permanent and you will have the option to renew as usual.
If you wish to be considered for a Pavement Licence your street trading licence will be deemed as withdrawn and you will not be charged for the pavement licence. However, if you then wish to re-apply for your street trading licence after this time we cannot guarantee this will be granted in the original form.
How to apply
Cost
New application - £500
Renewal application - £350
Consultation
The application is subject to a 14-day consultation period. When your application has been accepted you are required to display a public notice (.docx, 42.7kB) in a prominent position clearly visible to the public for 14 days.
Please take a photograph showing the notice in position from a distance and close up and email it to us.
The application will also be published on the council website for 14 days.
Determination
Prior to making a determination, we will take into consideration any representations made during the consultation period and it is possible the licence may not be granted as applied for.
Licences will be granted for one years and will be subject to standard conditions (.pdf, 211.9kB).
If the site is deemed unsuitable for a Pavement Licence, or if relevant representations are made which cannot be mitigated by imposing conditions, then the application may be refused.
There is no statutory appeal process against a decision to refuse an application.
Enforcement
If a condition imposed on a licence either by the Council or nationally is breached the local authority may revoke the licence and future applications for a Pavement Licence are likely to be refused.
Renewal of existing pavement licence
If you wish to renew the pavement licence, the renewal application and fee of £350 should be submitted using the apply link above.
The new licence will not come into force until your current licence expires.
You will be required to submit a completed application form and fee to renew the licence on the same terms and conditions. This is providing all documentation is valid and current.
Any changes to the pavement licence will be required to be submitted as a full new application, being processed as a new application.