Pavement Licensing

All new applications must adhere to the current guidance regarding social distancing measures and any plans must reflect this.

Before making an application please refer to our policy Pavement Licensing Policy 180321.pdf [pdf] 341KB and ensure the criteria can be met. This document includes Standard Pavement  and National Pavement licence conditions. It also details of what type of furniture may be placed on the highway and what times are allowed on site.

The government have produced guidance on the new proposals: Pavement licences (outdoor seating proposal)

Applications are subject to a 7 day consultation plus a 7 day determination period. 

Applications may only be made via our Environmental Health Online Services Portal. (Please note: select ‘street trading’ as your application type and pavement licensing will display as an application option.) 

Applications are currently free of charge.

 

Pavement Licence Application Checklist- Essential Documentation required

The following 6 documents are a mandatory requirement – failure to provide these documents will result in the application being declined:-

  1. Plan showing the location of the premises shown by a red line, so the application site can be clearly identified.
  2. Seating plan showing measurements from front of property to the highway, how seating will be arranged which should include measurements between tables and access to the premises. The plan must include measurements of all items within the area applied e.g. bins, awnings, gazebos.  All distances between the tables/chairs must comply with the current COVID restrictions.
  3. Proposed days of the week on which, and the times of day between which, it is proposed to put furniture on the highway. A pavement licence will only be granted until 21.00hrs – all furniture must be removed after this time.
  4. Photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied. Do not send in photos of furniture which depicts members of the public or staff sitting/standing or in view of the furniture.
  5. Evidence that the notice of the application is being displayed at the premises. Two photographs should be supplied, one clearly showing the detail of the notice the other how it is displayed at the premises. We have a template available to use.
  6. Copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £5 million.

If applicable:-

Reference of existing pavement licence currently under consideration by the local authority.

Any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied.

Below is an example seating plan.

Pavement licence example plan

The Business and Planning Act 2020 is being enacted by Government to assist some businesses to re-establish themselves in currently difficult circumstances. Business and Planning Act 2020.

Provision has been made for a fast track process to allow business owners to apply for a single permission to utilise highways space adjacent to their premises for the consumption of food and drink.

A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours.

A 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 people for consumption of food or drink supplied from, or in connection with the use of the premises.

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 licence cannot be granted).

Representations

If you wish to make representations against the grant of a pavement licence we recommend you refer to our policy before making representations which will only be accepted via our Environmental Health Online Services Portal.