Are you a restaurant or bar owner looking to increase your profits and maximise your outdoor seating options? If so, as the weather warms up, the Olympics start and more people start to go outside and soak up the summer sun an option may be for you to obtain a pavement licence which will allow you to set up seating areas on pavements and other public spaces.
Having a pavement licence and being able to capitalise on the front or other external areas of your licensed premise to offer the “alfresco” experience may be a game-changer and help you to increase profits.
So, how do you get a Pavement Licence?
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If the area in front of your premises is owned by the Council (a public highway – normally the case) you will need to apply for a pavement licence from your local council.
They normally last for a set period of time (maximum 12 months) so, it may be that if you had one last year, it may have expired, and you would need to re-apply. If you don’t and it lapses, you will be required to stop using the outside area until you have a new licence.
Council’s do have a right to confiscate the furniture that you have within the outside area that is being used without a licence and you may have to pay a fee to get them back. Council’s also have the power to revoke your premises licence if the use of the outdoor space continues without the relevant permissions. The local authority is in short determining what means of furniture is “removable”. However, in principle this means any means of furniture that is not fixed or permanent.
What furniture can be permitted by a licence?
- counters or stalls selling or serving food and drink;
- chairs, benches or any forms of seating;
- tables, counters or shelves on which food is placed; and
- umbrellas, barriers, heaters or articles used in connection with outdoor consumption of food or drink.
Furniture not permitted by the licence will be anything non-removable, if you wish to place non-removable furniture onto the highway must apply for further permission.
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Planning Permission
Depending on the Council’s system you may need planning permission. This depends on the Council and under what legislation you are applying for the licence under. However, it may be that the Council require you to obtain planning permission for change of use.
Once a licence is granted, you will benefit from the planning permission to use the land for anything done pursuant to the licence for the duration of the licence.
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Alcohol
If your licence or planning permission has conditions attached that prevent you from serving alcohol outside, you may need to apply to vary the licence or have the planning permission amended.
Alternatively, there is an “Off sales easement” which allows premises to provide alcohol to outdoor spaces subject to certain criteria being met. This was first introduced during the pandemic but is continuing until at least the 31st March 2025.
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Potential Issues
Similarly to applications for a new premises or a variation to a licence, you will need to advertise your pavement licence publicly by notice on your premises. This is so that it is open to attract objections or comments from members of the public; other business and public authorities such as police or environmental health.
This can lead to your pavement licence application being heard by the licensing committee within your local council or, the council may reject it.
You will also need to ensure that the furniture that you are proposing to use is moveable and you have a place to store it.
Once permitted if there are any breaches of the licence, the Council may revoke the licence from being used by the business. Potential breaches could stem from:
- anti-social behaviour or public nuisance being caused;
- obstructions (anything not permitted under the licence); and
- risk to public health and safety.
If you are interested in obtaining a pavement licence, please contact us today and we can assist you in securing the licence and working with your local council to ensure that the correct procedures and processes are followed.
Overall, getting a pavement licence could be a great investment that can help you to attract more customers, increase revenue and provide a better experience for your patrons. So, why wait? Start exploring your options for outdoor seating today and make the most of the summer season ahead. Reach out to Ebony Brown, Planning and Regulatory Legal Assistant, on [email protected] or on 0121 710 5853 for more information.
