Pavement Licenses

During the pandemic, the Government streamlined the process for obtaining a pavement licence, making the process quicker and cheaper and  without the need for planning permission. Hospitality faces ongoing challenges with rising energy costs, staffing issues and the cost of living crisis. The Government has now made the interim licence process permanent in England to continue generating income and supporting the sector;

The provisions are contained in the Business and Planning Act 2020, and made permanent by the Levelling Up and Regeneration Act 2023 and the Government has issued guidance which can be found here.

A pavement license, granted by a local authority, permits the license-holder to place removable furniture (such as tables and chairs) on the highway adjacent to their premises. This furniture is intended for seating and serving customers in connection with food and drink service and it is important to note that the furniture remains ‘removable’ rather than being a permanent fixed structure e.g. umbrellas, heaters, and serving counters or stalls. 

What isn’t covered?

Advertising boards are not covered by the new legislation, as they require permission under the Town and Country Planning Regulations 2007 and Highways Act 1980. In addition, if you want to include non-removeable furniture (e.g. bolted to the ground) you must apply for a separate licence under the Highways Act 1980.

Who can apply for a pavement licence?

Under the new legislation, a business that uses or plans to use its premises for the sale of food and drink (on or off the premises) can apply for a pavement licence. You can also apply for a licence if the sale of food and drink is an ancillary use – e.g. a supermarket or an entertainment venue. 

If you do not sell food and drink, then you can still apply for a licence under the Highways Act 1980,  as opposed to the new legislation.

Fees

Fees are set locally in the new legislation at a maximum of £500 for first time applications and £350 for renewals.

Time limits

Under the new legislation, the minimum public consultation period in respect of a pavement licence application is reduced to 14 days (excluding public holidays). The consultation period starts on the day after the application is submitted electronically to the authority, and thelocal authority has 14 days from the day after the end of the consultation period (excluding public holidays) to determine the application. If it fails to do so within this time frame, the licence is deemed to have been automatically granted for a period of 2 years and for the area set out in the application.

Applications

All pavement licence applications must now be made under the Business and Planning Act 2020, made permanent by the Levelling Up and Regeneration Act 2023. However, where a business had a licence under the previous regime, any application for a new licence should be treated as a renewal application if it is made for the same premises and terms as the expired licence.

The guidance requires the authority to take a proportionate approach to information requirements for businesses seeking a new pavement licence where they already had one “so that it is as convenient as possible for businesses and members of the public”. A proportionate approach might involve allowing the business to use the same plans for the renewal.

Practical tips

• Check when your current pavement licence expires and ensure you apply to renew in good time;
• When placing furniture on the highway, be mindful of your duties under the Equality Act to make reasonable adjustments and not to discriminate in the way you provide your service;
• If your pavement licence was granted under the previous legislation, you should argue that the renewal be on the same terms as your current licence. The authority should not seek to change hours or layout.

Other licenses and approvals

It is important to remember that you may need to obtain other necessary licences or approvals in addition to a pavement licence. For example, a premises licence to sell alcohol may be required and food business registration requirements must be complied with.

The Licensing Act 2003 was also temporarily modified to provide an automatic extension to the terms of most premises licences, from only permitting the sale of alcohol for consumption on the premises to also permit the sale of alcohol for consumption off the premises. This temporary provision will remain in place until 31 March 2025.

If you would like any further information or guidance in relation pavement licences and making the most of your external trading area, please do not hesitate to contact Lisa Gilligan.