The Business and Planning Act received Royal Assent on 21 July 2020.  It brought in provisions for Pavement Licences.  This new process introduces a streamlined route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway.  This will support businesses to operate safely while social distancing measures remain in place.

A Pavement Licence allows the licence holder to place removable furniture over certain highways adjacent to their premises.

The type and style of furniture to be used must be agreed between the licence holder and East Staffordshire Borough Council, this includes:

  • Counters or stalls for selling or serving food or drink
  • Tables, counters or shelves on which food or drink can be placed
  • Chairs, benches or other forms of seating, and
  • Umbrellas, barriers, heaters and other articles uses in connection with the outdoor consumption of food or drink

This furniture is required to be removable and not a fixed structure.  This means it can be moved easily and stored away when not in use after the premises are closed.

Pavement Licences

How to apply

Download the application form.

The application must be submitted via email to [email protected]. The application form must be fully completed and submitted with the following documents:

  • A plan showing the location of the Premises shown by a red 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.  The plan must show the positions and number of the proposed tables and chairs, together with any other items of furniture that they wish to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area.
  • A copy of a current Certificate of Insurance that covers the activity for Third Party and Public Liability risks, to a minimum value of £5 million
  • Photos or brochures showing the proposed type of furniture (including the means of enclosure such as barriers) and information on potential siting of it within the area applied.
  • Evidence of consent from neighbouring frontager(s) to use footway space outside their property (if applicable).

How do I know if my application is complete?

Once the application is received it will be checked by a Licensing Officer.  If there are items missing or further clarification is needed then the applicant will be contacted and advised what needs to be done to rectify the situation. 

Once we are satisfied that the application has been completed correctly and all necessary documentation has been received we will contact the applicant to take the application fee of £82.

We recommend that the applicant talks to neighbouring businesses and residents before applying, so they can consider issues regarding noise and nuisance.

What happens next?

The applicant must also display a public notice at the premises from the date that the application is made to the authority.  The notice must be easily visible and legible to the public. You must ensure that the notice remains in place for the duration of the public consultation period, which is the period of 7 days beginning with the day after the application is submitted to the authority.

Download the public notice.

The Licensing Office will carry out consultation with the following consultees:

  • Staffordshire County Council Highways
  • Staffordshire Police
  • Staffordshire Safeguarding Children Board
  • Staffordshire Fire and Rescue Service
  • ESBC Planning Delivery
  • ESBC Environmental Health
  • Health and Safety Executive (where the premises is enforced by the HSE)
  • Trading Standards
  • Enforcement Team
  • Public Health
  • Home Office Immigration
  • Ward Councillors

The consultation period is 7 days starting the day after the application is received.  Members of the public can make representations or comments regarding applications by contacting the licensing team via email at [email protected].

If you make a comment or representation in relation to an Application, please be aware details of your comment or representation will be sent to the Licence Applicant for their response.

How long does it take to process my application?

The licensing authority have a period of 7 days after the consultation period to determine your application.

The local authority can:

  • Grant the licence in respect of any or all of the purposes specified in the application,
  • Grant the licence for some or all of the part of the highway specified in the application, and impose conditions, or
  • Refuse the application

If the application is not determined within the 7 days after the consultation period then the application is deemed granted for 12 months.

Pavement licences will normally be valid up to 30 September 2021, unless there are significant reasons for granting a licence for a shorter period, such as plans for changes to the highway or road space.

National and Standard Conditions will apply to all licences.  Some applications may include some specific additional conditions, which will be discussed with the applicant prior to the grant of the licence.

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 my licence is not granted in full or refused, how do I appeal?

If an application is refused the applicant will be notified of the reasons for refusal based on the criteria set out in the Business and Planning Act 2020. 

Daily list of applications received

View the daily list of applications received.