What is a pavement licence?
A pavement licence lets a food or drink business put removable tables, chairs and other furniture on the public highway outside its premises. Without one, placing furniture on the pavement can lead to enforcement and removal by the council.
Any business that sells food or drink for consumption can apply: cafes, restaurants, bars, pubs, takeaways and even shops selling hot drinks. In England the process is quick, the fee is capped, and a well-prepared application is usually decided within a month.
The law behind it
Pavement licences were introduced by the Business and Planning Act 2020 as a temporary measure during the pandemic. The Levelling-up and Regeneration Act 2023 made the regime permanent in England from 31 March 2024, with higher fee caps, licences of up to two years and stronger enforcement powers.
This guide covers England. Wales has separate arrangements, so check with your local council if your premises are in Wales.
What a pavement licence covers
The licence covers removable furniture used for selling or consuming food and drink, such as:
- tables, counters and shelves
- chairs, benches and other seating
- umbrellas, barriers and heaters
Fixed structures are not covered. The furniture must be easy to move and taken in when the licence terms require it.
A pavement licence also comes with deemed planning permission for the furniture, so you do not need a separate planning application for it. It does not replace other permissions: if your customers will drink alcohol outside, your premises licence must allow off-sales or include the outdoor area. Check this before you apply.
How to apply
- Check the council's local policy. Many councils publish their own pavement licence policy, with local conditions, furniture styles and opening hours.
- Prepare your documents. Councils usually ask for a plan showing the area and furniture layout with measurements, photos or details of the furniture, and public liability insurance (often at least £5 million).
- Submit the application and pay the fee. Councils can charge up to £500 for a first application and up to £350 for a renewal.
- Display the site notice. On the day you apply, fix a notice to the premises where the public can see it. It must stay up for the whole consultation period.
- Consultation (14 days). The public and bodies such as the police and highways team can comment. The period starts the day after you submit.
- Decision (14 days). The council then has 14 days to decide. If it does not decide in time, the licence is deemed granted for two years.
In practice, a complete application takes about four weeks from submission to decision. Licences are normally granted for the maximum two years.
Conditions and enforcement
Every pavement licence carries two national conditions:
- No obstruction. The furniture must not block the highway or make it harder to use, especially for disabled people, wheelchair users and people with pushchairs. Government guidance recommends a clear route of 2 metres, and at least 1.5 metres.
- Smoke-free seating. You must make reasonable provision for seating where smoking is not allowed.
Councils can add local conditions, such as hours of use or when furniture must be taken in.
If you put furniture out without a licence, or break the conditions, the council can serve a notice requiring you to remove it. If you do not comply, it can remove and store the furniture, recover its costs, and revoke your licence.
Common mistakes to avoid
- An inaccurate plan. Missing measurements or not showing the clear walking route is the most common reason councils ask for changes.
- Too much furniture. Squeezing in extra tables can leave less than 1.5 metres for pedestrians and lead to refusal.
- Forgetting the site notice, or taking it down before the 14 days are over.
- Assuming alcohol is covered. A pavement licence does not authorise alcohol sales. Check your premises licence first.
- Letting the licence lapse. Apply to renew before it expires. A renewal on the same terms costs less than a new application.
- Ignoring neighbours. Late use and noise lead to objections and can affect your premises licence too.
Frequently asked questions
What is a pavement licence?
A pavement licence is permission from the local council to place removable furniture, such as tables and chairs, on the pavement outside premises that sell food or drink.
Can I put tables and chairs outside my cafe?
Yes, if you have a pavement licence for the public pavement outside your premises. If the area is private land, a pavement licence is not needed, but planning permission may be.
What does a pavement licence cover?
Removable furniture used for selling or consuming food and drink: tables, counters, shelves, chairs, benches, umbrellas, barriers and heaters. It does not cover fixed structures.
How to apply for a pavement licence?
Apply to your local council with a plan of the area, details of the furniture and proof of public liability insurance, and pay the fee. You must then display a notice at the premises for the 14-day consultation period.
How much does a pavement licence cost?
Councils can charge up to £500 for a new application and up to £350 for a renewal.
How long does it take to get a pavement licence?
About four weeks: 14 days of public consultation, then up to 14 days for the council's decision. If the council does not decide in time, the licence is deemed granted.
How long does a pavement licence last?
Usually two years, unless the council has a good reason to grant a shorter period.
Can I serve alcohol at my outdoor tables?
Only if your premises licence allows it. You may need a variation to cover the outdoor area.
Do you need planning permission for outdoor seating?
Not for the furniture covered by a pavement licence, which comes with deemed planning permission.
Need help with your pavement licence?
Anka Group prepares pavement licence applications for cafes, restaurants and bars across England. We draw up the plan, prepare the documents, check your premises licence for outdoor alcohol sales and deal with the council for you. We work in English and Turkish.
Contact us for a free initial chat.
Source: Pavement licences: guidance, GOV.UK.