In July 2021 the Business and Planning Act 2020 introduced provisions that allowed applications for Pavement Licences to be granted temporarily by the District Council, to allow the licence-holder to place removable furniture and other related items on the pavement/highway adjacent to their premises.
Pavement Licences allow the licence-holder to place removable furniture and other related furniture over certain highways adjacent to their premises. A licence is not needed to place tables and chairs etc in an outdoor area if it forms part of the premises e.g. private land, pub/café car parks, garden areas etc.
Only premises which are used for the sale of food or drink for consumption ( on or off the premises) can apply for a licence. Businesses that are eligible include:
- public houses, cafes, bars, restaurants, snack bars, coffee shops and ice cream parlours, including where such uses form an ancillary aspect of another use, e.g. supermarkets or entertainment venues which sell food or drink.
A licence permits the business to use 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 drinks supplied from or in connection with the business. Businesses that do not use their premises for the sale of food or drink, for example hair salons or barbers are ineligible for and are required to apply for permission to place furniture on the pavement under the Highways Act 1980.
Advertising boards (A Boards) are not included in the definition of furniture within the pavement licensing regime. As well as needing consent under the Highways Act 1980, advertising boards also require express advertising consent under the Town and Country Planning Regulations 2007.
Anything placed on the highway must be removed overnight and any time the business is not operating - meaning that any furniture to be used must be of a design that is capable of being taken aware at the end of the day.
The national smoke free seating condition seeks to ensure customers have greater choice, so that both smokers and non smokers are able to sit outside.
The temporary process has now been made permanent with District Councils with effect from the 31st March 2024 with the licence extended to two years. Further information can be here Pavement licences: guidance - GOV.UK (www.gov.uk)
The Application - How to apply
Before starting your application, we strongly advise that you take the time to read all of the information on this page, along with the Pavement Licence Conditions that you will need to comply too and agree to as part of any pavement licence granted.
Advertisement of Application
The Applicant is required to advertise the application at the premises to allow public consultation. The Council will publish any applications received on its website. The advertisement period is 14 days, starting with the day after the application has been received by the Council. The period of public consultation starts the day after the application has been received and the notice displayed at the premises, must state the correct end date for comments.
Supporting documents
The Pavement licence application form and advert notice can be downloaded here:
and when fully completed can be emailed to
- A copy of public liability insurance cover documents showing that you are covered to a minimum of £5 million. Please note that this is normally within the schedule of insurance for the premises (Employer's Liability Insurance doesn't always cover Public Liability) and it is a mandatory requirement for this licence type. Applications will not be accepted without it.
- An image of the notice displayed on the premises. A photograph showing that you have displayed the public notice on the pavement premises in a visible and obvious location. (Must be legible and supplied to Derbyshire Dales District Council no later than the day after the application has been made if not with the application itself)
- Site Plan or set of plans ( showing layout of furniture within the proposed pavement area, including dimensions of the pavement area and the measurement of the distance from the pavement area to the kerb).
- Location Plan - a plan clearly showing the location of the premises, shown by a red line so the application site can be clearly identified ( e.g. google or ordnance survey map)
- Photos or brochure images of furniture and any barriers you intend to place on the pavement. It is a standard condition that barriers will be used to ensure the area licensed can be clearly identified. (standard licence condition 7). Brochure images are acceptable at the application stage as you may not wish to incur any significant expenditure until a licence is granted. The applicant may not wish to incur any significant expenditure until a licence is granted, so images are acceptable at the application stage.
- A document showing that any gas appliances (if intending to be used) are safe (either a new conformance certificate, or a periodic gas safety inspection certificate).
- Details of the fire retardant qualities of any fabrics you intend to use within the pavement licence (soft furnishings and coverings, awning/canopy/umbrella materials).
For an application to be considered valid and complete all documentation is required, including that of a correct and complete application form and the appropriate fee paid.
Fees
The fee for the pavement Licence is dependent on the size of the number of chairs used within the Pavement Licence Area.
A tier system of fees exists:
- a fee of £200.00 for a new (grant) licence for the use of four seats or less,
- a fee of £200.00 for a renewal application for the use of four seats or less.
- a fee of £500.00 for a new ( grant) licence for the use of five seats or more.
- a fee of £350.00 for a renewal application for the use of five seats or more.
The fees can be found here Licensing Fees with Cash Codes 2024 -2025
To make the payment when submitting the application, please call 01629 761166. You will need to confirm that you are applying for a pavement licence, give your name, premises name, quote the relevant cash code stated on the fees and charges list (the 4 digit number to the right of the fee charge, under the heading 'cost code.'
How will an application be determined?
The application will be checked by the Council’s Licensing Team and the following authorities/agencies will be consulted on the application as standard:
- Highways Authority at Derbyshire County Council
- Licensing Team at Derbyshire Police (North Division)
- Derbyshire Dales District Council's Environmental Health Team
- Derbyshire Dales District Council's Clean and Green Team (as required)
(NB: in some cases it may be necessary to consult with other agencies/authorities, such as the Council's Anti-Social Behaviour Team).
The period for consultation is 14 days, starting with the day after the application has been received and is considered complete by the Council.
Sharing of Information
Applicants need to be aware that the full details of their application and supporting documents submitted will be shared with the above agencies/authorities to enable full consultation, to ensure effective administration of the new licensing regime. The applicant’s personal details (except for the applicant's name) will be redacted from the copy of the application documents that the Council publishes on its website for public consultation Pavement Licence applications received and issued.
The expectation is that local authorities will grant licences for 2 years unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space.
Outcome (Decision made)
Once the Council has received all the correct documentation and fee and the 14 day period of consultation has passed, we will access the suitability of a pavement licence. You will be notified within the 14 day consultation period if your licence application has received objections. If no objections are received you will be advised within the 14 determination period as to whether the licence has been rejected or granted. If the Council has failed to make a decision by the end of the 14 day determination period the law states that the Pavement Licence is deemed to be granted.
Appeals against decision
Currently, there is no statutory appeal process for these decisions.
Enforcement of conditions
If a licence is granted the licence-holder will be required to ensure that any activity carried out on the pavement is safe, protects public safety and that the operation of the business and its customers do not cause a nuisance to neighbouring residents.
Enforcement action under other legislative powers is still possible even if a valid pavement licence is in place, for example noise pollution and anti-social behaviour. Anything placed on the highway must be removed overnight and when the business is not operating, unless otherwise stated in the conditions attached to the licence.
If a condition imposed on a licence (either by the local authority or nationally) is breached, the local authority will be able to issue a notice requiring the breach to be remedied. If the licence-holder fails to do so, the local authority may amend the licence, with the consent of the licence-holder, revoke the licence or itself take steps to remedy the breach and can take action to recover any costs of so doing. Local authorities are encouraged to regularly review licences and enforce any breaches.
If a licence deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.
When can furniture be removed?
In cases where furniture which would normally be permitted by a pavement licence or other licence has been placed on a relevant highway without the required licence, local authorities can give notice requiring the business to remove the furniture before a date specified and to refrain from putting furniture on the highway unless they gain a licence. If furniture continues to be placed on the highway, in violation of the notice, the authority may remove and store the furniture, recover the costs from the business for the removal and storage of the furniture and refuse to return the furniture until those costs have been paid. If within 3 months of the notice, the costs are not paid, the authority can dispose of the furniture by sale or other means and retain the proceeds.
How to make comments on a Pavement Licence application?
Anyone wishing to make comment on a pavement licence application must do so no later than the end date for comments stated on the Notice displayed at the premises. Any comments are to be in writing, emailed to the Licensing Section at
