Pavement Licences

Apply for a Pavement Licence under the Levelling Up and Regeneration Act 2023 requirements.

Owners and managers of premises serving food and drink (such as bars, restaurants and cafes), where there is sufficient highway land immediately outside the premises, can apply for a temporary pavement licence to place removable furniture (including tables and chairs) on that highway.

This web page sets out how to apply for a pavement licence.  There is guidance that you are encouraged to read before applying.  You can also contact the Council’s Licensing Team if you need to ask any questions.  They can be contacted using this email address - licensingsection@tendringdc.gov.uk

Advertising boards are not included in a pavement licence and they are not allowed on the High Street.

If you want to add permanent furniture to the highway, you must apply for permission under the Highways Act 1980.

About the process

We consider each application on individual merit. We will not process an application until you have given us all the information we need.

This also applies to variations and renewals.

The Levelling Up and Regeneration Act 2023 makes the changes introduced in the Business and Planning Act 2020 permanent. This means that we can streamline the application process to allow businesses to secure these licenses quickly.

The act also introduces:

a standard cap on all fees

an increased consultation period

an increased decision period

an increase to how long the licence is valid for

the ability for us to remove unlicensed furniture

During the application process, we have up to 28 days to determine a valid application. This includes a mandatory 14 day public consultation period.

Full guidance for pavement licences is available on the GOV.UK website.

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Before applying, you will have needed to place a site notice. A template site notice is available in the application pack which can be downloaded from this webpage.

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Applications for a Pavement Licence must be accompanied by the following:

• A completed application form.
• Application fee of £100.00.
• A plan showing the location of the premises defined by a red line, so the application site can be clearly identified;
• A plan clearly showing the proposed area covered by the pavement licence in relation to the highway, if not to scale, with measurements clearly shown. The plan must show the positions and number of the proposed tables and chairs, together with any other items that you wish to place on the highway. The plan shall include clear measurements of, for example, pathway width / length, building width and any other fixed items in the proposed area.
• The proposed days of the week on which, and the times of day between which, it is proposed to put the furniture on the highway.
• Evidence of the right to occupy the premises (e.g. the lease);
• Photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied.
• Evidence that the applicant has met the requirement with regards to the site notice has met (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 £10 million, and
• Any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied.

If you already have a licence with us before 31 March 2024,your licence will continue as it is until it's due for renewal. Our standard renewal fee will apply to you when you need to renew your licence.

‍National and Council local conditions

Pavement Licence Conditions

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Guidance to accompany pavement licensing introduced in the Business and Planning Act 2020 and the Levelling Up and Regeneration Act 2023

Legislation for Pavement Licences

Application form

For the application of Pavement Licences under the Business and Planning Act 2020 and the Levelling Up and Regeneration Act 2023, please apply online here.

Site Notice

On the same day that you make an application for a pavement licence you must:

• Fix a notice of the application to the premises so that the notice is readily visible to, and can be read easy by, members of the public who are not on the premises, and
• Ensure that the notice remains in place until the end of the consultation period.
• The site notice must state that the application has been made.
• Indicate that representations relating to the application may be made to the Local Authority during the public consultation period (and indicate when that period comes to an end)

The Site Notice Template to be displayed outside the premises during consultation. Pavement Notice.

Guidance for Businesses

Further advice and guidance for businesses on pavement licences under the Business and Planning Act 2020 can be found here.

Public Consultation

Public consultation on the application starts on the day after the application has been made.

Applications will be checked to ensure that all the relevant information has been provided. If an application is incomplete, we will make contact with the applicant requesting the missing information. The consultation period will then start the day after the missing information is provided.

A representation can be made against an application for a premises to place tables and chairs on the highway within the  consultation period.

Representation are made by:

• Responsible Authorities
• Other persons

Email your objection to licensingsection@tendringdc.gov.uk

Please note: The objection must be received by the Licensing Team before the end of the consultation period, or it will not be accepted.

Determination of applications.

At the end of the public consultation period we will determine the application, starting the first day after the public consultation ends.

At this stage we may:

• Grant a pavement licence to the applicant, together with conditions or
• Reject the application.

If we grant your licence, we will monitor your café or restaurant, to make sure you are complying with the terms of the licence.

Your licence will be valid for two years from the date we approved it.