Pavement Licences: A Guide for Cafés and Shops Thinking of Putting Tables Outside

A few tables and chairs outside can make a café, deli or bakery more welcoming. On a public pavement, though, you generally need permission first. In England that permission is usually a pavement licence. This guide explains the basics, using the published guidance of one council, Crawley Borough Council, as a worked example. Policies and fees differ between councils, so always check your own local authority's page before you apply.

What a pavement licence is

Crawley Borough Council describes a pavement licence as something that allows the licence-holder to place removable furniture in some outdoor spaces next to their premises. It is a fast-track permission aimed at eligible food or drink businesses. The furniture has to be removable: think tables, chairs and similar items rather than permanent structures.

How long it lasts

The council says licences usually run for two years, and that the Levelling Up and Regeneration Act 2023 sets the maximum at two years. That means you would normally plan to renew rather than assume the permission continues indefinitely. Put the expiry date in your diary when you receive the licence.

The timetable

According to the same page, an application is published for consultation for 14 days, starting the day after a valid application is made. The council then has a further 14 days after consultation to decide. If it does not decide in that time, the application is deemed to have been granted. Because a valid application is the trigger, it pays to make sure the form is complete before you submit it.

Conditions to expect

Councils can attach local and national conditions to protect public safety and amenity. Crawley's page does not list them in full, but it does say it requires at least £5 million of public liability insurance, and that gazebos, large umbrellas and arbours will not normally be permitted. These are one council's requirements: another may ask for something different, so read your own authority's policy carefully.

Fees and transfers

The page states that fees are non-refundable and that licences cannot be transferred. If you sell or hand over your business, the new owner would need to apply in their own name. Fee levels are set out in each council's policy, so check the current amount before you apply.

Enforcement

Since 31 March 2024, the council has enforcement responsibility when someone places removable furniture on a relevant highway without authorisation. It also has powers to cancel or amend licences in specific circumstances. Obstructing the highway remains an offence under the Highways Act 1980, dealt with by the highways authority or the police working with council officers. In short, putting furniture out first and asking afterwards is a risky approach.

A quick checklist before you apply

• Find your own council's pavement licence page and read the policy.
• Check whether your business is eligible, and whether the space you have in mind is a relevant highway.
• Confirm the insurance level your council requires and get a certificate ready.
• Sketch where furniture will go, leaving clear room for people to walk past.
• Note the consultation period, the decision window and your expiry date.

This is general information based on one council's published guidance. Rules, fees and conditions vary by area and can change, so check with your local authority.