Apply for or renew a pavement licence
On 31 March 2024, the Levelling Up and Regeneration Act 2023 – GOV.UK came into force. The Business and Planning Act 2020 – GOV.UK interim pavement licensing provisions are replaced by a permanent pavement licensing framework in England.
The main components of the 2020 regime are still present in this permanent regime, which also includes regulations regarding pavement licences that simplify the application process for permits to place furniture on the highway for qualified establishments like cafés, restaurants, and coffee shops, among others.
Only the highways mentioned in section 115A (1) of the Highways Act of 1980 – GOV.UK are eligible for licenses. These are typically roads and areas where access for vehicles is limited or forbidden, or they are sidewalks that are only open to pedestrian traffic.
Full guidance is available on the Pavement licences: guidance section – GOV.UK.
Eligible businesses
The revised pavement licensing application process, will apply specifically to the following businesses only.
A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises).
Businesses that are eligible include:
- public houses
- cafes
- bars
- restaurants
- snack bars
- coffee shops
- ice cream parlours
A streamlined licence permits the business to use removeable 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 can apply for a tables and chairs licence for any outside space that is not on private land belonging to those premises. This area can go beyond an individual business and in front of neighbours, provided that consent has been obtained from that business or landlord and it accompanies any application.
It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences and the need to comply with registration requirements for food businesses.
If the applicant has a licence to serve alcohol on-premises temporary amendments to the Licensing Act 2003 - GOV.UK will allow them to sell alcohol for consumption off the premises without needing to apply for a variation of the existing licence.
Planning permission and licence requirements
The applicant doesn't need planning permission and a licence. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.
Apply for or renew a pavement licence
After you apply
Once the information is submitted to the local authority the authority has 28 days from the day after the application is made (excluding public holidays) to consult on and determine the application. This consists of 14 days for public consultation, and then 14 days to consider and determine the application after the consultation.
If the local authority does not determine the application within the 28-day period, the application will be deemed to have been granted.
Display notice on premises requirements
Once you have submitted your application you are required to display a notice of your application which is in a prescribed form required by the council this must be displayed the same date as submitting your application.
This must state the following:
- that the application has been made and the date that this was submitted
- the details of where representations can be made during the consultation period and when that period ends
- any other such information the council feels necessary to publish
- you will be able to use the council’s prescribed notice which will highlight those requirements
Costs
Licences are issued for two years; the costs are as follows:
- £500 for a new application
- £350 for a renewal
Required information
Completed application form needs to include:
- a plan showing the location of the premises shown by a clear 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; (all can be shown on one clear plan)
- proof of public liability insurance to include the use of the proposed furniture on the street/highway
Visit our temporary street furniture webpage for more information.
Downloads
Contact
For more information, contact our Licensing Service.
Email: licensing@luton.gov.uk
Telephone: 01582 546040
Luton Council
Town Hall
George Street
Luton
LU1 2BQ