You need a licence to place furniture (such as tables and chairs), sales or display materials and equipment on the pavement outside your business.
To put tables, chairs or other furniture on the pavement outside your cafe or restaurant for customer use (if the pavement is part of the public highway) you can apply for a pavement cafe licence. View the guidance notes for a pavement cafe licence before applying.
To put sales or display materials outside your premises on the public highway you can apply for a pavement licence. View the guidance notes for a pavement sales/display licence before applying.
To put equipment such as plant pots outside your premises on a public highway you can apply for an equipment licence. View the guidance notes for a equipment licence before applying.
Check for planning permission
It is important to note that you may also need planning permission for the change of the use of the highway to a pavement cafe. This applies even if you already operate food premises adjacent to the site.
Check if you need planning permission.
How to apply
To apply please read the guidance and fill in the online application.
For any questions contact: highwayenforcement@bcpcouncil.gov.uk.
We will inspect the area to make sure that no obstruction or nuisance could be caused to others and consider the affect of possible noise disturbance for local residents and other business owners.
It takes around two months for an application to be approved, which includes a 28-day statutory notice period for public objections to the application.
Who can apply
Businesses who hold £5 million public liability insurance can apply for a licence.
You do not need a licence if you own a section of the pavement outside your premises and the area does not include any public highway.
If you are in doubt about whether you need a licence, please email highwayenforcement@bcpcouncil.gov.uk.
Fees for the application are:
- new application: £250 for one year
- renewal application: £175 for one year
Pavement Licence (under The Levelling Up And Regeneration Act)
The Levelling Up and Regeneration Act is legislation brought in by the Government for businesses as a replacement for the previous Business and Planning act Legislation that required outside seating.
Under this application you will have a 14 day consultation period and further 14 day decision period. Licences can only be applied for twelve months at a time. View guidance and conditions for a pavement licence under the Levelling up and Regeneration Act before applying.
The Legislation is only for removeable furniture, if you have decking or leave benches or any items out on the Highway you can only apply under the Highways Act.
Planning permission will be required to change the use of the Highway outside the premises on all new applications.
Any premises that already held a licence under the old Business and Planning Act can just apply as a renewal and will not require planning permission.
Fees:
- new application £250
- renewal £175
Changes to a licence
Complete a new application if you want to make changes to an existing licence.
Useful contacts
Customer Service Planning Team:
01202 123321
planning@bcpcouncil.gov.uk