Pavement Licences

Levelling Up and Regeneration Act 2023

On 31 March 2024, the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023 introduced a permanent pavement licensing regime in England to replace the temporary provisions introduced by the Business and Planning Act 2020.

You will need to apply for a pavement cafe licence if you wish to place furniture, e.g. tables and chairs, on the public highway to sell or consume food or drink. 

We can only consider applications for an area that is part of the maintained highway within Harborough district. 

Approval is not automatic and you must not place any furniture or displays on the highway until a licence has been issued. 

Licences last for 2 years and can then be renewed. Premises with an existing pavement licence granted under the Business and Planning Act 2020, which expire on 30th September 2024, can apply to renew their licence. Renewal is not automatic. 

What you need to know 

Furniture will only be permitted to be placed on the highway during the times specified on the licence and must be removed at the end of each day. 

The size of the area to be licensed will depend on the site characteristics, safety considerations and the criteria set by us to maintain adequate highway space for both pedestrians and vehicles. 

An absolute minimum width of 2 metres must be left between the proposed area and the kerb, which may be increased to 3 metres in busier areas. This may be relaxed where there is a temporary road closure in place. 

Who is eligible? 

Businesses that are eligible include pubs, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours. 

Fees 

The fees are locally set and the district council is not currently charging a fee. 

How to apply

You will need to complete the application form Pavement Licence Area Application Form and return electronically via email with the supporting documents outlined below to licensing@harborough.gov.uk. 

When applying you must include the following list of supporting documents. 

Consent forms from neighbouring premises 

  • A plan clearly identifying the location of the premises with a red line 
  • A plan clearly showing the proposed area to be covered by the licence in relation to the highway, if not to scale, with measurements clearly shown, including: 
    • Any other street furniture in the area, such as lamp posts or bins 
    • Distance from proposed area to kerb 
    • Width / depth of the proposed area 
    • Evidence that there is sufficient space around the proposed area so that all highway-related issues can be considered 
    • The potential siting of the furniture within the proposed area. 
    • Evidence of Public Liability Insurance (£5 million) 
    • Photographs of all the proposed furniture to be used 
    • Health and safety risk assessment. 
    • Photographic evidence of the public notice in situ 

Standard Conditions 

Standard conditions are attached to all pavement café licenses. The conditions can be found at Pavement Cafe Licence Conditions 2020 

What happens after I apply? 

Once the application has been accepted, you will receive an email confirming the start of a 14 day consultation period to determine if the proposed area is suitable. We will consult with a number of interested parties during this period. 

You will be required to display a notice at the premises for the 14 day period and provide photographic evidence that this has been displayed. The notice must be prominently displayed where it can be conveniently read from the exterior of the premises. We will provide you with the relevant notice. A template public notice can be found here.

After the 14 day consultation period the council has 14 days to decide if a licence should be granted. 

Pending pavement licence applications 

All applications are published on the council’s website: 

Useful documents 

Application form and supporting documents

For Alcohol Licensed Premises the Home Office has now published guidance on temporary off sales permissions which can be viewed here.