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 Levelling Up and Regeneration Act 2023 makes permanent the provisions set out in the Business and Planning Act (BPA) 2020 that streamlined the process to allow businesses to secure these licences quickly.
This permanent regime retains the key features of the 2020 regime but with a few amendments. Full Pavement licence guidance (opens new window) is available.
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).
Apply for a pavement licence
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 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 or renew a pavement Licence please complete the online application form. You will also be required to display a notice advertising your intention, which you can generate online to save or print:
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
How long does a licence last?
Licences can be granted for any length of time up to a maximum of two years.
How long does it take to get a licence?
Once we receive your completed application we have 28 days from the day after the application is made (excluding public holidays) to consult on, and determine the application. This consists of 14 days for public consultation, and 14 days to consider and determine the application after the consultation.
How much does the licence cost?
The fee for a new licence is £260.00 and £210 for a renewal application. Payment can be made online during the application process.
What furniture can be permitted by a licence?
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.
How does this licence interact with other regulatory processes, such as alcohol licensing?
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.
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.
What supporting documents do I need to provide with my application?
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, such as lamp posts, bollards or trees
- 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 £260 for new applications and £210 for renewal applications, can be made online during the application process.
What are the general conditions of licensing for pavement licences?
- The Licence holder shall be at all times responsible for the compliance with the terms and conditions of the licence.
- The Licence holder shall ensure that a copy of the licence is displayed in a prominent public position in the premises.
- The permitted hours should not exceed those stated on the licence and in any case not exceed 12 midnight.
- The Licence holder shall not cause any obstruction of the highways (other than the permitted use) or danger to persons using it and shall not permit persons to gather so as to cause a nuisance or annoyance or danger to any persons lawfully using the highway
- The Licence holder shall ensure that Public Liability insurance cover to the value of £5 million is in effect to cover the Pavement licence.
- The Licence holder shall not place on the highway any furniture or equipment or advertisement other than as permitted by the Council and must maintain the same in a clean and tidy condition and not place them as to obstruct the entrance to or exit from any premises.
- Tables and chairs must be sufficiently spaced to enable wheelchair/highchair/pram access and to also conform with any social distancing measures.
- Unless separately agreed by the Licensing Team the method of marking the boundary of the licensed area shall be:
- a fixed barrier system, that is suitably stable not to be easily blown or knocked over
- a colour that is suitable contrasting with the surrounding environment to ensure it can be easily seen
- 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 and visually impaired people as set out in Section 3.1 of Inclusive Mobility.
- Tables, chairs and the outdoor area must be maintained in a tidy and orderly manner at all times. Litter will be disposed of at regular intervals.
- Where drinks are served in glasses they must be made of toughened or tempered safety glass.
- Amplified music will not be permitted.
- The Licence holder must not place any fixtures or carry out 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 Licence holder.
- The Licence holder is responsible for the satisfactory conduct of people within the permitted area. Rowdy or unruly behavior may lead to the suspension or termination of the licence.
- Tables, chairs and other associated structures will have to be removed from the public highway after trading hours. In addition, street café furniture must not be stored on the highway.
- The Licence holder will suspend the operation of any licence granted at the request of Great Yarmouth Borough Council/Norfolk County Council/statutory bodies to enable any works or cleansing to be carried out on or near the permitted location.
- The licence is capable of being revoked if development works are carried out on or near the location which results in the licence no longer being viable.
- Great Yarmouth Borough Council reserves the right to change the pavement licence area if deemed appropriate.
What applications are currently open for representation?
There are no applications currently open for representation.
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 [email protected].
