Other Licences and Permits

Pavement Licence: How to Get Tables and Chairs Outside Your Venue

The pavement licence under the Business and Planning Act: what it covers, the £500 cap, the two-year term, the 14-day consultation and the conditions

A pavement licence lets a cafe, pub, bar or restaurant put removable furniture on the highway outside the premises: tables, chairs, barriers, umbrellas and heaters. The fast-track scheme created in 2020 for the pandemic was made permanent by the Levelling-up and Regeneration Act 2023, replacing the slow and expensive highways licences that came before it. The result is a two-year licence, a capped fee and a decision within a few weeks. This article covers what the licence allows, how to apply, the conditions that come with it and how it fits with the premises licence if alcohol is served outside.

Key takeaways

A pavement licence authorises removable tables, chairs, barriers and heaters on the highway outside a food or drink premises for up to two years.

Fees are capped at £500 for a new licence and £350 for a renewal, with a 14-day consultation and a further 14 days for the decision.

National conditions require a clear pedestrian route and smoke-free seating provision; councils add hours and removal conditions.

Serving alcohol outside also needs the area on the premises licence plan and, for drinks taken outside, off-sales authorisation.

What the Licence Covers

A pavement licence authorises the placing of removable furniture on part of the public highway adjacent to the premises for the sale or consumption of food and drink. Removable means it can be taken in at close; fixed decking or planters bolted down are not covered and need highways consent instead. The licence applies to premises used as a cafe, restaurant, pub, bar or similar, including takeaways, and to the highway outside them. It does not cover private forecourts, which need no licence but may need planning permission, and it does not cover car parking bays, which are a separate highways matter.

Applying: Fees, Notice and Consultation

Apply to the local authority with a plan of the area, the furniture proposed, evidence of public liability insurance and the fee, which the council sets up to a cap of £500 for a new licence and £350 for a renewal. You must display a notice on the premises for the 14-day public consultation, during which the council consults the highway authority and anyone else it chooses, and residents and businesses can comment. The council then has a further 14 days to decide; if it does not, the licence is deemed granted for the period applied for. Licences run for up to two years and are renewable.

Conditions: National and Local

Every pavement licence carries the national conditions: a no-obstruction condition, which requires a clear route for pedestrians of at least 1.5 metres and usually 2, kept free of furniture, and a smoke-free seating condition, which requires the licence holder to make reasonable provision for seating where smoking is not permitted. Councils add their own: hours, furniture standards, barriers, no amplified music, removal at close, no storage on the highway overnight. Breach can lead to revocation, and councils can serve notice requiring furniture to be removed and charge for removing it themselves.

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Alcohol Outside and the Premises Licence

The pavement licence permits the furniture; it does not permit the sale of alcohol. If the outdoor area is where alcohol is sold, it must be within the licensed area on the premises licence plan, which usually means a variation. Off-sales, where drinks are bought inside and taken out to the pavement tables, need the premises licence to authorise off-sales, which the temporary permission granted during the pandemic has now expired for. Check the plan and the off-sales position before the first summer weekend, because trading outside the licensed area is an offence under the Licensing Act.

What to do next

Overlay the pavement plan on the premises licence plan

If the two areas differ and alcohol will be consumed outside, apply to vary the premises licence at the same time as the pavement licence.

Common mistakes to avoid

Mistake

Assuming the pavement licence lets you serve alcohol outside

Instead

It only permits the furniture. Alcohol sales outside need the area on the premises licence plan, and drinks carried out need off-sales on the licence.

Frequently asked questions

How much does a pavement licence cost?

Councils set the fee up to a national cap of £500 for a new licence and £350 for a renewal. Licences last up to two years.

How long does a pavement licence take?

A 14-day public consultation followed by up to 14 days for the council to decide, so around four weeks. If the council does not decide in time, the licence is deemed granted.

Alcohol Licensing