Pavement licence

Apply for a licence to allow chairs and tables on the highway outside your premises

About the pavement licence

A pavement licence allows you to place removable furniture on certain highways (pavements) adjacent to the premises in relation to which the application was made.

You can use the furniture to sell or serve food or drink. Anything you sell must be supplied from or connected to the relevant use of the premises. Your customers can use the furniture to consume the food or drink you sell.

Where a pavement licence has been granted, clear access routes on the highway will need to be maintained, considering the needs of all users, including people with disabilities and mobility considerations.

In most cases we will grant (or renew) licences for the maximum of 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.

We recommend you read our Pavement Licensing Procedure before beginning your application.

Permitted furniture

The licence allows you to use the following furniture:

• 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
• umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink

Furniture must be capable of being moved easily and must be removed and stored away when the licensed period ends each day.

Furniture that is not permitted

If you use furniture for selling or consuming food or drink outdoors, it must be removable. Your pavement licence does not allow using furniture for this purpose if it cannot be removed.

If you want to place non-removable furniture on the highway, you must apply for permission under the Highways Act 1980.

Advertising boards are not included in the definition of furniture for this purpose. You need consent under the Highways Act 1980 to use advertising boards. You also need express advertising consent under the Town and Country Planning Regulations 2007.

Consultation process

We will hold a 14-day consultation, beginning the next working day after we have confirmed the application is valid.

We will consult with:

• Highways Authority (Norfolk County Council)
• Community Safety & Neighbourhood Nuisance Team
• Planning
• Police Licensing Team
• Police Counter Terrorism
• The relevant Parish or Town Council
• At least one local disability rights group

together with any other person the Council considers it appropriate to consult.

We will publish the application and any associated information you submit on our website to allow the public to comment.

Applicants will be encouraged to engage with any services operated in the vicinity for vulnerable customers, for example, care home or disability organisations nearby where individuals may be at particular risk. Applicants will also be encouraged to contact neighbouring businesses and occupiers prior to applying to the Council and take any issues around noise and nuisance into consideration as part of their proposal.

Notice of application

A site notice must be prominently displayed on the premises on the day of application. It must be visible and readable by members of the public who are not on the premises.

Pavement licence notice of application

The notice must remain in place until the end of the 14-day public consultation period.

We will deem your application invalid if the notice is not in situ for the duration of the consultation period.

Conditions

We will apply standard conditions to every licence we grant, and those granted by tacit approval.

Two national conditions apply to every pavement licence that is granted or deemed to be granted:

• a no-obstruction condition
• a smoke-free seating condition

We will consider both standard and national conditions when determining your application.

We might attach specific extra conditions to some applications. We will discuss these with you during the application process.

Apply for a pavement licence

There is a £150 non-refundable fee for a new pavement licence application submitted for the first time.

When submitting your application, you must also include the following:

• A plan showing the premises outlined in red, the proposed pavement licence area in relation to the highway, the location of any tables, chairs and other items, relevant measurements, and how the smoke-free seating and no-obstruction conditions will be met, including a minimum clear width of 1,500mm for pedestrian access.
• Evidence that the applicant has met the requirement to give notice of the application (for example photographs of the notice outside the premises and of the notice itself).
• 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.
• Confirmation that you have the right to occupy the premises.
• Evidence (if applicable) that neighbouring businesses have permitted tables and chairs outside their properties, including which days and times.

Renew a pavement licence

If you already have a pavement licence, use the form below to renew it.

There is a £150 non-refundable fee for a pavement licence renewal.

Decision process

We have 14 days after the 14 day consultation period has ended to determine the pavement application. Implied approval applies if we do not determine your application after the 14 day determination period. In this case, your licence will be valid for two years subject to the conditions of the licence.