Pavement cafés

Business and Planning Act 2020 Pavement Licence – Guidance

This process allows businesses to use outdoor furniture on the highway to sell or serve food and drinks. It also allows for customers to consume food and drinks from the premises.

The licence is valid between 7:30am and 10pm.

Applications will be individually assessed and undergo a 14-day public consultation period. The decision will be made within 14 days after the consultation ends. If no decision is made within this time, the application will be considered approved. Please note that not all applications may be granted due to competing demands for open space and existing safety concerns.

Business and Planning Act 2020 Pavement Licence Application Guidance

Key Conditions

The following criteria must be complied with:

• a minimum distance of 0.75m from the face of the building is required
  
  • this is to satisfactorily accommodate table and chairs plus seated persons
• a minimum footway width of 2.0m must be provided in areas of high pedestrian flow or close to a heavily used carriageway
  • a minimum footway of 3.0m must be provided
• in pedestrian precinct areas a clear route must always be maintained for the passage of emergency vehicles
  • this route must not be less than 3.2 metres wide
• facilities must be accessible by all
• toilets must be made available for use by customers using the area
• it is the responsibility of the Licence Holder to make sure they have a licence for serving alcohol off their premises
• in premises where alcohol is served, all cold and alcoholic drinks must be served in polycarbonate glasses
  • no glass is allowed in the pavement café area
• the Licence Holder will make reasonable provision for seating where smoking is not permitted

Your Application

Please complete the application form below. You will need the following documentation included in your submission if you intend to sell alcohol for consumption within the pavement café:

• a copy of the Premises Licence with an appropriate off sales authorisation under the Licensing Act 2003

or

• a copy of your notification to the licensing authority under section 172f of the Licensing Act 2003

Site plan and pavement café layout showing:

• areas (including dimensions) where the proposed outdoor furniture is to be placed
• location of outdoor furniture within the area, including full details of the proposed furniture.
  • this should ideally be accompanied by photographs, illustrations, or drawings
• the location within the area to be designated as non-smoking
  • or you should provide a statement as to why such provision would be unreasonable within the pavement café
• means of enclosure to be used (metric dimensions, colours, materials)
• details of any additional lighting to be used, including detailed specifications
• position of the building line
• position of kerb line adjacent to the proposal, or the opposite building line in a pedestrianised street
• entrances to premises within or adjacent to, or above, the area proposed for outdoor furniture
• areas considered to be private forecourt
• location of trees, lamp posts and other street furniture
• if the proposed pavement café extends beyond the width of the applicant's frontage, the Council requires documented evidence of an agreement with any affected frontages before starting the approval process

A copy of the third-party Public Liability Insurance certificate that covers the proposed area and is for £5,000,000.

A Management Plan is required to address instances of anti-social behaviour. There will also be a Risk Assessment. This will determine the need for SIA door staff and the handling of non-compliance with social distancing guidelines.