Conditions and requirements
A pavement licence is subject to two national conditions relating to non-obstruction and the provision of non-smoking seating.
Requirements
Pavement licence applications must:
- specify the premises and where on the highway you intend to place the tables and chairs, and other furniture
- specify that the purpose of the tables and chairs and other furniture will be to sell or consume food or drink (in connection with the relevant use of the premises)
- specify the days of the week and the hours of each day that you intend to use the highway (pavement licences will generally only be granted for use between 11am and 11pm - unless exceptional reasons can be provided for hours outside of these) - days and times applied for must coincide with the times of the highway closure
- describe the type and amount of all furniture that you intend to use
- specify the date on which the application is made
- include a certificate of public liability insurance for no less than £2,000,000 that covers the area that you intend to licence
- include a risk assessment for the use of space heaters (if applicable)
- include photographic evidence to show you have displayed public notice of the application
- include a clear and legible highway plan, ensuring that the smoking and non-smoking sections are clearly labelled. Premises should provide a minimum 2m distance between non-smoking and smoking areas, wherever possible.
Advertising boards (A-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. You can view the guidance or make a planning application using the council's Planning Applications webpage.
Please note that umbrellas, gazebos, space heaters or similar furniture may not be permitted in the area designated for the pavement licence depending on the space available and whether it is safe to place such furniture on the street.
Highway Plan
Please make sure your plan meets these requirements:
- all applicants must ensure that there is a minimum of two metres pedestrian clearway along the length of the proposed site
- if the proposed location is set at a kerb edge, then a minimum 0.45m set back is required
- footway depth must be a minimum of 2.8m, which leaves a minimum 2m pedestrian clearway and 0.8m for table and chairs and other furniture
- if table service is required for the tables and chairs then extra space is required, this must be factored into the capacity requested - a space of 0.9m is necessary if an access clearway is required for service staff and diners
- smoking and non-smoking areas must be clearly defined
- no tables or barrels that encourage eating or drinking while standing
- all immediate items of existing street furniture must be shown on the plan
- drawing must be scaled
- a location map must be included
Read our guide to placing tables and chairs on the highway for layouts and density requirements.