Pavement licence

A pavement licence is a licence granted by the local authority, that allows the licence holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.

The Government has introduced changes to the current legislation in relation to pavement licences, under the Business and Planning Act 2020. 

This is a streamlined process to allow businesses to secure these licences quickly and, where they are deemed to have been granted, allow these licences to remain in place for a year but not beyond 30 September 2022. 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.

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 Crown land are exempt (so a licence cannot be granted).

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 Temporary Pavement Licence. Businesses that are eligible include:

• public houses
• cafes
• bars
• restaurants
• snack bars
• coffee shops
• 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.

To apply for a Temporary Pavement Licence please complete this application form. You will also be required to display a notice advertising your intention; this is available in Word and PDF formats below:

• Pavement Licence - notice of application (Word doc) [15KB] (opens new window)
• Pavement Licence - notice of application (PDF) [110KB] (opens new window)

The applicant is encouraged to talk to neighbouring businesses and occupiers prior to applying to the local authority, and so take any issues around noise and nuisance into consideration as part of the proposal.

It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as:

• the need for alcohol licences
• the need to comply with registration requirements for food businesses

If the applicant has a licence to serve alcohol on premises, temporary amendments to the Licensing Act 2003 will allow them to sell alcohol for consumption off the premises without needing to apply for a variation of their licence.

Licences will last for 12 months, or until 30 September 2022 if this is sooner. 

A licence applied for before the Business and Planning 2020 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2021 come into effect, will not be valid beyond 30 September 2021. It therefore follows that no licence granted or deemed granted before the Business and Planning 2020 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2021 come into effect can be valid beyond 30 September 2021, although the holder of such a licence may be able to apply for a further licence.

Once we receive your completed application we have 10 working days from the day after the application is made (excluding public holidays) to consult on, and determine the application. This consists of five working days for public consultation, and then five working days to consider and determine the application after the consultation.

The fee for this licence is £75. Payment can be made online during the application process.

The furniture which may be used is:

• counters or stalls for selling or serving 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

This furniture is required to be removable. In principle this means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.

Applicants are reminded to include this area in their formal risk assessment necessary under the Health and Safety at Work legislation. 

It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences and the need to comply with registration requirements for food businesses.

If the applicant has a licence to serve alcohol on premises, temporary amendments to the Licensing Act 2003 will allow them to sell alcohol for consumption off the premises without needing to apply for a variation of their licence.

Planning permission is not required for this licence. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.

The licence will expire on the 30 September 2021. However, if there is a temporary road closure in place the licence will expire at the same time as this order, providing it does not exceed 30 September 2021.

You will need to provide the following documents in support of your application:

• A plan showing the location of the premises clearly outlined. Suggested scale 1:100 or 1:150.
• A plan clearly showing the proposed area covered by the licence in relation to the highway. Suggested scale 1:100 or 1:150. This will need to include:
  • The building line of the premises and adjacent buildings.
  • The location of the kerb line, the distance between the building line and the kerb line.
  • The precise boundary of the proposed street cafe area giving exact metric measurements of the width and depth of the area.
  • The location of existing obstructions within or near to the street café area eg lamp posts, bollards, trees etc.
  • The size and location of the proposed tables, chairs and other furniture and the size and location of enclosure barriers.
• Photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied.
• Evidence that third party liability insurance is in place to the value of £5 million.
• Evidence that the applicant has met the requirement to give notice of the application. 
• Any other evidence needed to demonstrate how any local and national conditions will be satisfied.

The fee of £75 can be made online during the application process.

Pedestrian access and safety

• Use of the public highway and other areas where there is public pedestrian access will not be allowed if they do not leave at least 2 metres clear unobstructed width on the passing side(s) of the permitted area.
• Proposals which encourage pedestrians to cross vehicular carriageways where it is dangerous to do so will not be permitted.
• Adequate access for emergency services and statutory undertakers must be available at all times.

Access to seating areas

• Tables and chairs must be sufficiently spaced to enable wheelchair/highchair/pram access and to also conform with social distancing measures.
• Physical barriers will be required to be placed around the tables in order to guide the visually impaired around the permitted area. Such barriers must be to a maximum height of 1500mm subject to the enclosure above 1000mm being translucent or clear.
• It is a condition that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of GOV.UK: Inclusive Mobility.

Provision for seating where smoking is not permitted

The national smoke-free seating condition seeks to ensure customers have greater choice, so that both smokers and non-smokers are able to sit outside, in order to protect public health by reducing risks of COVID transmission.

It is important that businesses can cater to their customers' preferences. The Business and Planning Act 2020 imposes a smoke-free seating condition in relation to licences where seating used for the purpose of consuming food or drink has been, or is to be, placed on the relevant highway. The condition requires a licence holder to make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area.

Management and other issues

• The street café will be suitably managed by staff, i.e. to control the use of the outside area, to maintain the areas to as high a standard as is required inside the premises.
• Tables, chairs and the outdoor area must be maintained in a tidy and orderly manner at all times.
• Tables, chairs and other associated structures will have to be removed from public highway after trading hours. In addition street café furniture must not be stored on the highway.
• Litter will be disposed of at regular intervals.
• The area must be swept when necessary to keep it clear of litter and refuse. Spillages and breakages especially of glass and crockery must be cleared up immediately.
• Where drinks are served in glasses they must be made of toughened or tempered safety glass.
• The street café must be operated in a safe and efficient manner ensuring that there is no safety risk or nuisance caused to other users of the highway or nearby premises.
• Amplified music will not be permitted.
• The Council will not permit any fixtures or any excavation of any kind to the surface of the highway.
• Every effort must be made to avoid causing damage to the highway or adjacent property. The cost of rectifying any damage to the highway surface or to street furniture caused by any activity connected with the street café operation will be recharged to the applicant.
• The applicant is responsible for the satisfactory conduct of people within the street café. Rowdy or unruly behaviour may lead to the suspension or termination of the licence.

Details of applications for a pavement application (or renewal) are listed in the table below.

Applications are subject to a five working day representation period. The full application of any of those listed in the table below can be viewed by emailing the Licensing Team at licensing@great-yarmouth.gov.uk.