Pavement Cafés

A Pavement Licence is a licence which allows the holder to place moveable furniture over a part of the highway adjacent to their premises.

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. Licences that are deemed to have been granted, should remain in place for such period as the local authority may specify in the licence, with a maximum limit of two years.  

These can only be issued to businesses which use (or propose to use) premises for the sale of food or drink for consumption (on or off the premises).  

What businesses are eligible?

Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.

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.

Businesses that do not use their premises for the sale of food or drink, for example salons, are ineligible. Though they can apply for permission to place furniture on the pavement under the Highways Act 1980.

What furniture can be permitted by a licence?

The furniture which may be placed on the pavement include:

• 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; and
• umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.

This furniture is required to be removable and related to the serving, sale and consumption of food or drink.

Applications

The application for a Pavement Licence should be submitted on the Tameside MBC application form (Pavement Licences Site Notice) and must:

• specify the premises and, the part of the relevant highway to which the application relates;
• specify the purpose (or purposes) for which the furniture will be used which must be for use by the licence-holder to sell or serve food or drink, and/or for use by other people for the consumption of food or drink. In both cases the food or drink must be supplied from, or in connection with relevant use of the premises;
• specify the days of the week on which and the hours between which it is proposed to have furniture on the highway;
• describe the type of furniture to which the application relates, for example: tables, chairs, and/or stalls;
• specify the date on which the application is made;
• contain or be accompanied by such evidence of public liability insurance in respect of anything to be done pursuant to the licence as the authority may require; and
• contain or be accompanied by such other information or material as the local authority may require, for example how national and local conditions have been satisfied.

You should also include:

• a plan showing the location of the premises shown by a red line, so the application site can be clearly identified
• a plan clearly showing the proposed area covered by the licence in relation to the highway, if not to scale, with measurements clearly shown;
• the proposed duration of the licence (for e.g. 3 months, 6 months, a year etc.);
• evidence of the right to occupy the premises e.g. the lease;
• contact details of the applicant;
• photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied;
• evidence that the applicant has met the requirement to give notice of the application (for example photograph);
• (if applicable) reference of existing pavement licence currently under consideration by the local authority

Consultation

The applicant is required to affix a notice to the premises, so it is easily visible and legible to the public on the day they submit the application to the local authority.

 They must ensure the notice remains in place for the duration of the public consultation period which is the period of 14 days beginning with the day after the day the application is submitted to the authority., (not including public holidays)

Applicants should keep evidence of this.

Applicants are encouraged to engage with any services operated in the vicinity for vulnerable customers, for example, care home or disability organisations nearby where individuals may be at particular risk.

What must a notice contain?

The notice must:

• be in the form which the Tameside MBC prescribes,
• state that the application has been made and the date on which it was made;
• indicate that representations relating to the application may be made to that local authority during the public consultation period and when that period comes to an end; and
• contain such other information or material as that local authority may require.

As part of the application process, we will consult our Highways Department as well as Greater Manchester Police Licensing team.

Fees

The statutory fees are;

New application £500

Renewals £350 

A link to the full guidance in relation to Pavement Licences can be found at;

https://www.gov.uk/government/publications/pavement-licences-guidance/pavement-licences-guidance