Pavement café licences: process and government guidance
Pavement café licences are granted by the local authority to allow businesses to place removable furniture in parts of the highway (generally footways and/or carriageways in pedestrianised areas).
A temporary fast-track process, removing the need for planning permission, was introduced by the Business and Planning Act in 2020. The aim was to offer a streamlined process to help with recovery from the COVID-19 pandemic. This temporary process has now been made permanent under the Levelling Up and Regeneration Act 2023.
The government’s Pavement licences: guidance identifies the following key elements of the fast-track licensing process:
- the removal of the requirement for planning permission
- the reduction of the consultation period for licence applications, from 28 to 14 days
- the reduction in the time in which the local authority must determine the licence from 28 to 14 days, (after the 14-day consultation period has ended), with the licences deemed to have been granted and valid for two years if the authority has not determined within this time period
- the capping of the maximum fee that can be charged for a licence at £500
It is important to note that 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.
The permanent process under the Levelling Up and Regeneration Act 2023 does not apply to land that is not covered by the regime for placing furniture on the highway in Part 7A of the Highways Act 1980 or to permanent structures (such as parklets or awnings).