Pavement licensing policy

Introduction

During the Covid-19 pandemic, the Business and Planning Act 2020 was introduced to make it easier for premises serving food and drink such as bars, café’s, restaurants, and pubs to seat and serve customers outdoors through temporary changes to planning procedures and alcohol licensing.

The Levelling Up and Regeneration Act 2023 makes permanent the provisions, set out in the Business and Planning Act (BPA) 2020, that streamlined the process to allow businesses to secure these licences quickly.

The Business and Planning Act process provides a cheaper, easier, and quicker way for businesses to obtain a licence. The fee for applying for a licence under the Business and Planning Act process is capped at £500 for first time applications and £350 for renewals. The public consultation period is 14 days (excluding public holidays), starting the day after the application is sent electronically to the authority.

Existing pavement licences granted under the Business and Planning Act 2020, prior to 31 March 2024, will remain valid until the expiration date on the licence. Once this has expired, businesses will need to apply for a new licence. The council will treat this as a renewal application if it is made by the licence-holder, as it is in respect of the same premises and it is on the same terms as the expired licence.

Scope

Definition of pavement licence

A pavement licence is a licence granted by the local authority or deemed to have been granted by the Local Authority, that allows the licence-holder to place removable furniture over specified highway land adjacent to their premises for certain purposes.

Eligible businesses

Businesses which use (or proposes to use) their premises for the sale of food or drink for consumption (on or off the premises) can apply for a pavement licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours, including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues, which sell food and drink.

A pavement licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by customers for the consumption of food or drink supplied from, or in connection with, the use of their premises.

Businesses that do not use their premises primarily for the sale of food or drink, for example salons, are ineligible. They can apply for permission to place furniture on the pavement under the Highways Act 1980.

Eligible locations

Pavement licences can only be granted in respect of highways listed in section 115A (1) Highways Act 1980. Generally, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited. Highways maintained by Network Rail or over the Crown land are exempt (so a pavement licence cannot be granted in these areas).

Type of furniture permitted

The furniture which may be used includes:

• Counters or stalls for selling or serving food or drink
• Tables, counters or shelves on which food or drink can be placed
• Chairs, benches, or other forms of seating, and
• Umbrellas, barriers, heaters, and other articles used in connection with the outdoor consumption of food or drink.

This furniture is required to be removable, which in principle means it is not a permanent fixed structure and is able to be moved easily to be stored away at night.The council would also expect the type of furniture to be ‘in keeping’ with the local area.

Type of furniture not permitted

Furniture that is not removable and used in connection with the outdoor selling or consumption of food or drink are not permitted by a pavement licence.

Advertising boards are not included in the definition of furniture within the pavement licensing regime. As well as needing consent under the Highways Act 1980, advertising boards also require express advertising consent under the Town and Country Planning Regulations 2007.

Applicants that wish to place non-removable furniture onto the highway must apply for permission under the Highways Act 1980.

Planning permission

Once a pavement licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for any activity pursuant to the licence whilst the licence is valid.