Pavement Licences

Pavement Licences provide for an alternative way to apply for temporary use of the highway. Pavement Licences do not replace applications for permission to use the highway under section 115E of the Highway Act 1980 (known as ‘Highway Amenity Licences’ or ‘HALs’), leaving applicant to choose the type of permission.

Applicants are reminded that the grant of a Pavement Licence only permits the placing of furniture on the highway. Businesses will need to take their own advice in relation to any additional licences or permissions which may be required for their businesses, such as a premises licence under the Licensing Act 2003 in relation to the sale of alcohol.

It is drawn to applicant’s attention that the Council has Public Spaces Protection Orders (‘PSPOs’) in force which apply to the whole of the Council’s administrative area and which prohibit the consumption of alcohol in a public place subject to some exemptions. Home Office Guidance updated on 3 August 2020: ‘Alcohol licensing: guidance on new temporary off-sales permissions’ states:

“The provisions in the Act [relating to pavement and alcohol licensing provisions] do not override or suspend PSPOs that ban the consumption of alcohol in public. If your premises are in such an area and you would like your customers to be able to consume alcohol outside or off the premises, you will need to apply for a permission under section 115E of the Highways Act 1980”.

You are responsible for ensuring that you have all required consents/permissions/licences for your business.

Step 1 - Are you eligible?

Businesses that are eligible to apply for a Pavement Licence under the Business and Planning Act 2020 include those intending to use the premises for the sale of food or drink for consumption (on or off the premises).

These include public houses, cafés, bars, restaurants, snack bars, coffee shops and ice cream parlours.

The furniture that may be used is:

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

Licences can only be granted in respect of highways listed in S115A(1) Highways Act 1980 (opens in a new window). Generally speaking, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited. 

Step 2 - Information you will need

Applying for a Licence you will need

• A copy of the public notice on display at the proposed premises (see below)
• Evidence of your public liability insurance in respect of anything to be done by the applicant pursuant to the Premises Licence (to a minimum value of £5,000,000).
• Location Plan (to scale of 1:200) detailing the premises and the
• area sought to be used by the Pavement Licence highlighted in red (including dimensions), listing the name of the highway to be used, and detailing the layout of furniture.
• Images of the Street Furniture proposed to be placed on the highway
• Fee (£360)

Step 3 - Apply for a Pavement Licence

You will need to complete the application form in full and send this electronically to Highway Management together with the Information above:

• Click to Download the Pavement Café Guidance and Application form

Please note: Where a Pavement Licence is granted, clear access routes on the highway will need to be maintained, taking into account the needs of all users, including disabled people.

Step 4 - Consultation Period

Seven Day Consultation Period

Once a properly completed application is submitted there is a 14-day consultation period beginning on the first day following the day on which the application was made.

Applicants are required to display a public notice at their premises for a 14-day consultation period, beginning on the day following submission to the Council.
Members of the public will be able to comment on the application.
The Council will also consult with other relevant authorities and display the application on the Councils website

A copy of the template public notice which will need to be completed by the applicant can be found on the Council’s website.

Step 5 - Determination Period

Following the 14 day consultation period, there is a further 14 day determination period to consider any representations, recommendations or comments. Applicants will be notified of the Council’s decision following the determination.