Pavement Licensing

A pavement licence allows businesses such as cafes, restaurants and bars to place removable furniture over certain highways adjacent to the premises for which the application was made, for certain purposes.

These temporary provisions were introduced in response to the coronavirus pandemic under the Business and Planning Act 2020, to support businesses, and introduced a simpler temporary licensing process for outdoor seating areas to be permitted on the Highway, enabling pubs, restaurants and cafés to temporarily use the public highway.  These temporary provisions were due to expire on 30 September 2023 however the Government has now introduced the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023, which provide for the pavement licensing regime to continue until 30 September 2024.

This is a fast-tracked system and the authority will determine an application within 14 days of receipt. This includes a 7-day consultation with relevant parties. These periods commence the day after receipt of the application.

The furniture is required to be removable, not a permanent fixed structure, and be able to be moved easily and stored away on an evening.

Before granting a licence the local authority will consider the applicant's ability to demonstrate:

• How clear routes of access along the highway will be maintained, taking into account the needs of disabled people and the recommended minimum footway width available.
• Proposed measures to reduce the likely impact of matters such as noise nuisance and litter.
• Proposed measures in place for social distancing and reducing the risk of the transmission of COVID-19.

A pavement licence only permits the placing of furniture on the highway. It does not override the requirements to have the correct alcohol licence or food registration in place.

How to apply

Applications must be submitted electronically using the online Application for a Temporary Pavement Licence.

Notice of the application should be displayed on the premises from the date of the application until the end of the consultation period. The notice must contain the information in the template Temporary Pavement Licence Site Notice.

The fee of £100.00 must be paid at the time of application.

Licences will be subject to National and Local Conditions.

Further information on Pavement Licences is available on gov.uk Guidance: Pavement Licences (Outdoor Seating Proposal)