Unlocking outdoor opportunities: securing a pavement licence for your business

With the sun finally shining and the lighter months ahead, we are starting to get an influx of premises looking to place tables and chairs in outdoor areas. Although moveable furniture placed on land owned by the premises does not require a licence, if you are planning on placing furniture on any public highway, then permission will be required.  

As many may recall, in a bid to help the leisure and hospitality sector in the wake of the pandemic, the Government introduced the fast-track pavement licence application process. This procedure has streamlined the way in which premises can apply and means that they no longer need to acquire planning permission. It has also reduced the consultation period from 28 calendar days to 7 days and has standardised the application fee to £100.  

Although this fast-track legislation was initially introduced for 12 months, it has since been extended and is currently due to be made permanent through the Levelling Up and Regeneration Bill, which is currently at the report stage in the House of Lords. Should this come into force, the process will remain largely the same save for the consultation period being increased to 14 days and the application fee being increased to £350 for premises with an existing pavement licence and £500 for brand new applications.   

When considering the use of an area, it is important to note that there is a national no-obstruction condition that needs to be satisfied. In most circumstances, there needs to be a minimum 2-metre width of unobstructed footway remaining available for passing pedestrians (considering any street furniture, streetlights etc.). However, some councils will accept a minimum distance of 1.5 metres.  

Securing a pavement licence for your business

With this in mind, we thought we would share this useful quick guide on applying for a pavement licence. 

1. Application form and relevant documentation

Firstly, it is important to note that the application form, conditions, and who you make the application to differ from authority to authority, making the entire process a little more complicated. However, the first place to start is by looking on the local authority’s website for their application procedure for applying for a pavement licence. On their website, there should be an application form for you to fill out and it should state any additional supplementary documentation you require. 

There will be some essential documents that all councils will expect, and it is good to get these ready in preparation for submission. These documents include:  

• A completed application form;
• Public Liability Insurance, usually with a minimum £5m cover, which may need to cover the external area being applied for;
• A4 size location plan of the premises;
• A plan of the area to be used detailing the furniture and layout, including measurements to show the area to be used and the width left available on the highway for pedestrians; 
• Details of furniture to be used and pictures; 
• Confirmation of the designated areas for smoking and non-smoking; and  
• Evidence that you have met the requirement with regards to the site notice, for example, photographs of the notice outside the premises and of the notice itself. Click here to download a template site notice.

Other documentation that could be requested include:

• The proposed duration of the licence, for example, 3 months, 6 months, a year etc;
• Evidence of the right to occupy the premises e.g., the lease;
• Contact details of the applicant;
• If applicable, reference of existing pavement licence currently under consideration by the local authority;
• Any other evidence that shows how the furniture to be introduced is in accordance with national guidance regarding accessibility (such as use of good colour contrast, suitable physical barriers around chairs and tables and or other appropriate measures); and
• Any other evidence needed to demonstrate how any local and national conditions will be satisfied, including the ‘no-obstruction’ national condition.

2. Submit your application

Once you have filled out the application form, acquired the additional documents required and displayed your site notice, you are then ready to submit your application.

Depending on the council, this can either be submitted using their online system or via email (this will usually be the licensing department’s email). Ensure that you attach all supplementary documentation.  

Please bear in mind that the application is only effective once the appropriate fee has been paid, therefore, if there is no facility to pay for the application online, ensure that you contact the licensing department as soon as possible to pay for the fee over the phone. This will need to be done the same day as it has been submitted in order for it to be effective from that day.  

As long as you have provided the council with all the relevant documentation, displayed the notice, and paid the fee, then the application will be valid, and the consultation period will begin. 

3. Consultation period and confirmation from the council

Once the consultation period has passed, the council have a further 7-day determination period. After this time, the council will either contact you to inform you that the pavement licence has been granted or that it has been unsuccessful and the reasons for its decision.

If no contact has been received from the council at the end of the determination period, then as tactic consent applies, the pavement licence will be deemed granted.  

The licence or grant should be sent to you either via email or post. Once received, it is important that you keep a copy on site ready for inspection by the relevant authorities.  

Lastly, always set a reminder a couple of months prior to the expiry of your pavement licence to ensure that you reapply in time.  

It is also important to note that in order for customers to take alcohol into outside areas, the premises will either need to have the provision of off-sales or the outside area will need to be included on the premises licence plan.  

Currently, due to the off-sales relaxation brought in by the Business and Planning Act, premises automatically have the provision to use off-sales without the need to amend their premises licence. However, this provision is due to end on 30 September 2023. The Government is consulting on making this relaxation permanent and a decision is due to be made shortly. However, if it is not made permanent then you will need to check your licence to ensure that customers are permitted to take alcohol to outside areas. If this is not already included, then you will either need to vary your premises licence to add off-sales or add the area onto the plan for the premises.  

Click here to view full details on the off-sales easements.

Our Licensing specialists have a wealth of knowledge and experience in dealing with these types of applications, so if you are wanting to apply for a pavement licence and require assistance, contact a member of our Licensing team who will be happy to guide you through the process.  

Please note that this information is for general guidance only and should not substitute professional legal advice. If you have specific concerns, we recommend consulting with one of our legal experts.