Pavement Licensing

Outdoor eating is becoming a more widespread aspect of urban life and the presence of tables and chairs on the pavement can make a positive contribution by adding vitality, colour, life and interest to an area. 

Pendle Borough Council supports and encourages the provision of pavement cafes in the borough as they can help maximise the use of public spaces, aid the local economy and add to the facilities offered to people who visit, live, and work in Pendle. 

A Pavement Licence is a licence granted by the local authority, which allows the licence holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.  

The Business and Planning Act 2020 made it easier for premises serving food and drink such as bars, restaurants and pubs, to seat and serve customers outdoors. The Act was initially introduced as a temporary measure to assist business in opening back up following the Covid 19 Pandemic.  

The Act introduced a fast-track process for these businesses to obtain permission, in the form of a “Pavement Licence”, from the local council for the placement of furniture such as tables and chairs on the pavement outside their premise. 

The Business and Planning Act process provides a streamlined and cheaper route for businesses such as cafes, bars and restaurants to secure a licence to place furniture on the highway.  

This will provide much needed income for businesses and protect as many hospitality jobs as possible, particularly during times of increasing living costs. 

The Levelling Up and Regeneration Act 2023 makes permanent the provision set out in the Business and Planning Act 2020 with several changes. This policy has been implemented to reflect those changes which are summarised below:

• Any Pavement Licence granted will now be issued for period of 2 years unless circumstances dictate that it should be granted for a lesser period.
• The consultation period is 14 days (excluding public holidays), starting the day after the application is submitted electronically.
• The local authority must determine the application before the end of the determination period (which is 14 days beginning with the first day after the end of the public consultation period, excluding public holidays) otherwise the licence is deemed to have been granted for a period of two years and the business can place the proposed furniture such as tables and chairs within the area set out in the application for the purposes or purposes proposed. However, if when implemented, a licence that has deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked.
• The Council have been given enforcement powers to revoke Pavement Licence and remove furniture that is placed on the pavement without the requisite Pavement Licence being in place. Further details are set out at Section 19.

Licences that are deemed to be granted will remain in place for a period of 2 years unless there are exceptional reasons to grant the licence for a lesser period. 

Where a Pavement Licence is granted, clear access routes on the Highway will need to be maintained, considering the needs of all users, including disabled people. 

Whilst the Council wishes to encourage pavement cafes, it is important that they are properly located and managed. This is to ensure that they meet the standards we expect in Pendle and that they do not obstruct the highway nor create a hazard for pedestrians, especially for blind, partially sighted and other disabled people.

The area to be used must consider other needs in the immediate vicinity e.g. kerbside parking, bus stops and pedestrian crossings. Pedestrians’ needs must be paramount. 
The area of the pavement cafe must not conflict with any access or dropped crossings that are required for free passage of normal road users.

Barriers and tapping rails should be positioned and maintained to the satisfaction of Pendle Council and should be totally removed outside the permitted hours of operation of the cafe, restaurant or bar.

The pavement cafe is normally expected to be in an area directly in front of and be visible from the existing premises. Emergency exit routes, including those of adjacent buildings, should not be obstructed by the pavement cafe and emergency service vehicles must always have access along all streets, even in pedestrianised streets.

In general, all parts of the highway may be used for Pavement Cafe's, assuming all safety and non-obstruction requirements are met. The exceptions are: 

• Any carriageway or 'shared use surface'. 
• Any highway verge. 
• Where the width of the pavement makes it impractical. 
• Where authorised street furniture makes it impossible. 

Licences will not normally be granted where one or more of the following apply:

• A significant effect on road safety would arise either from the siting of the tables and chairs, or from customers visiting or leaving the licensed area.
• Where there are concerns over the recorded level of personal injury accidents in the locality where the tables and chairs will be sited.
• There would be a significant loss of amenity caused by traffic, noise, rubbish, potential for the harbourage of vermin, odour or fumes. 
• There is a conflict with Traffic Orders, such as waiting restrictions.
• The site obstructs either pedestrian or vehicular access, or traffic flows, or places pedestrians in danger when in use.
• The tables and chairs obstruct the safe passage of users of the footway or carriageway.
• The area to be licensed interferes with sight lines for any road users such as at road junctions, or pedestrian crossing facilities.
• The trading activity is carried out after dusk and the site is not adequately lit to allow safe access and egress from the site for both customers and staff.
• The existing toilet and washing facilities are not adequate to accommodate an increased number of customers using the pavement café.
• The Council is not satisfied that applicants have made satisfactory arrangements for the storage and collection of all refuse associated with their business.
• The Council is not satisfied that applicants have made satisfactory arrangements for the storage of all tables and chairs off the highway without impeding any access or egress from the premises. 

In considering the above matters, the standard guidance will be that a licence will only be issued if an unimpeded pedestrian route can be always maintained. The route shall ensure that all pedestrians and particularly those with a disability can maintain their normal path where feasible. 

All applications will be considered on their own merits.

Pavement cafe licences may be issued to cafes, restaurants, public houses or any other establishment that serves or intends to serve food and drink.

The Council will carry out periodic inspections to make sure that all the terms and conditions of the licence are being observed.

Policy and application Form

• See attached Pendle Borough Council Pavement Licencing Policy and application form.

Please email licensing@pendle.gov.uk for all enquiries.