Pavement licence (outdoor seating)
In response to COVID-19 the government have introduced the Business and Planning Act 2020 to promote economic recovery and growth in the hospitality industry. To help businesses adjust to new ways of working to manage the ongoing risks and the effect of social distancing.
A new fast track process (determination within 14 days) has been introduced for defined premises to apply for a pavement licence for defined purposes, without the need for planning permission. A pavement licence, when applied for and granted, allows the licence holder to place removable furniture on certain highways adjacent to the premises for certain purposes.
For an extended period during 2021, the government has relaxed the planning requirements for temporary structures which means that any moveable structures situated on pavements or squares or land adjacent to an existing authorised use would not require planning permission during that period. These structures would still require a pavement licence.
A pavement licence does not give permission for those who do not hold a premises licence under the Licensing Act 2003 to serve or sell alcohol or provide regulated entertainment. Those that wish to provide licensable activities will still need to apply for a premises licence.
The new pavement licence is temporary, with all licences expiring on or before 30 September 2021. (This may be extended by the Secretary of State)
Premises which hold a premises licence may also benefit from another change regarding the provision of ‘Off Sales’. Further information about the changes to temporary alcohol licensing provisions can be found on GOV.UK.
Pavement licence conditions
To ensure pavement licenses are used in a safe and appropriate manner, the council has set standard conditions which will apply to all licences granted, (or tacitly deemed granted) these can be found below.
Additional individual specific conditions may also be attached to the licence, where it is considered necessary.
The Secretary of State can also impose conditions, which will have effect on all licences, including those already in effect and issued.
How to apply for a pavement licence
Complete the application form below and email it to firstname.lastname@example.org along with all required supporting documentation, including a plan which clearly shows the premises and the area of the highway you wish to use to.
All applications and any questions about the application process must be sent to email@example.com.
Notice of application for a pavement licence
On the same day an applicant submits the application, they must complete and display the required notice (below), along with a plan showing the area where furniture is to be placed, at or near the premises.
The notice must be prominently displayed so that it can be easily read by those outside the premises, until the end of the consultation period i.e. eight days. If an applicant fails to display the notice for the required period of time, the application will be refused.
Applicants are required to submit a photo of the notice at the premises with the application.
Consultation period and representations for pavement licence applications
The consultation period is seven days (5 working days), starting from the day after the application is submitted to the council. During this time any person can make representations against the application.
The council will also consult with:
- Cambridgeshire Constabulary
- Cambridgeshire Fire and Rescue
- Pollution control
- Food and safety
- Local councillors
Applications under consultation where representations can be made
To object to an application for a pavement licence, email firstname.lastname@example.org within the consultation period giving clear reasons why you object to the application, or part of the application.
|03/04/21||The Banyan Tree||See below|
|Application date||Name of premises||Associated documents|
*This is a retrospective application. The structure at The Bean Around café is already in place and was developed as a proof of concept in collaboration with Peterborough City Council, to assess the operational requirements for businesses transitioning to the outdoor café culture business model.
The Banyan Tree
Street cafe consent
To place tables, chairs or other temporary furniture on the pavement, you will need to apply to the council for street cafe consent under the Highways Act 1980.
All representations received must be considered and any other relevant authorities must be consulted. Consents must not be unreasonably withheld. This means that you will be able to act as though your application is granted if you have not heard from us by the end of the target completion period.
Fees for street cafe consent
The council charges £32.03 per square metre per month for each allocation of space for outside seating and £10.61 for the surrounding area.