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Pavement licence (outdoor seating)

A pavement licence allows you to put tables and chairs on the pavement outside of your food or drink business, solely for the purpose of the consumption of food and drink by your customers. This replaces the temporary scheme introduced during the Covid-19 pandemic.

The Business and Planning Act 2020, allows local councils to grant pavement licences, in order to help such premises provide outdoor facilities for eating and drinking, through the provision of outdoor street furniture.

You can apply for either a 1 year or 2 year licence, and fees for a licence are applicable.

If you are thinking of placing street furniture on the highway outside your premises, please be aware of the following:

You must ensure that your street furniture still enables a width of 2000mm to be provided on the remaining pavement area, as this allows enough space for 2 wheelchair users to pass, even if they are using larger electric mobility scooters.

You must also make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area. Ways of meeting this condition could include:

  • Clear ‘smoking’ and ‘non-smoking’ areas, with ‘no smoking’ signage displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (Signs) Regulations 2012.
  • No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
  • Licence holders should provide a minimum 2m distance between non-smoking and smoking areas, wherever possible.

If you already hold a Temporary Pavement Licence, you will need to apply for a Pavement Licence before your current licence expires. The Licensing Team will contact exiting licence holders in due course.

A list of current applications for temporary pavement licences can be found in the related documents section of this page.

How much does a pavement licence cost

Apply for a pavement licence

Download the application form from this page.

Pavement licences last for a minimum of 1 year (even if you do not plan to use it for the full 12 months) and a maximum of 2 years. .A shorter period than 1 year may be granted should the Council believe there is an appropriate reason to do so (i.e. because of concerns the Council may have as to how well managed the area is, and how compliant the licence holder is with the conditions of the licence).

You will need to include in your application:

  • a location plan to a scale of 1:200 showing the name of the street, the proposed area applied for (including dimensions), and the positions of the street furniture (such as tables and chairs) to be placed within the proposed area
  • photographic images of the proposed street furniture
  • proof of the premises owners or lease holders consent to your application
  • proof of Public Liability Insurance (minimum value of £5,000,000)
  • a copy of the Public Notice you must place on the front of the premises facing the street
  • proof of your payment of the pavement licence fee.

All applications must be consulted on for a period of 14 days following the date of being received.

If there are no objections to your application it will be granted as soon as the consultation period ends.

If there are objections to your application, then the Licensing Authority will hold a Hearing to determine your application within 14 days of the end of the consultation period.

You can email your completed application to us:

Licensing Team
Ashfield District Council
Council Offices
Urban Road
Kirkby-In-Ashfield
Nottinghamshire
NG17 8DA.

What happens after I apply?

We have 3 options open to us when making a decision on this licence.

We can: 

  • grant the licence
  • grant the licence with conditions applied
  • refuse the licence. 

There will be a 14 day consultation period. You will need to put a public notice on the property, facing the street, for the consultation period. You can download the notice from this page. 

We will also consult with the police, the highways team at Nottinghamshire County Council, and a number of other agencies. 

If there are no objections, or no objections which can't be overcome during the consultation period we will grant your licence. Attached to the licence will be the Government's mandatory conditions (relating to causing no obstruction and providing smoke-free areas), and our local standard conditions.

If there are objections that cannot be overcome, we must hold a hearing within a further 14 days to determine your application. There is no right of appeal against an application that is refused. 

Other ways to contact us about the licence

If you have questions about the licence or applying you can contact us by: 

 

Related documents: