Pavement Licence

Pavement Licences

Levelling Up and Regeneration Act 2023

Changes have been made to the Pavement Licence regime under the Business and Planning Act 2020 from 31st March 2024.

We are currently updating our forms and processes to reflect the changes that have come in.  If you are looking at applying for a Pavement Licence please email the Licensing Team at licensing@nwleicestershire.gov.uk  to enquire about the changes. 

The Levelling Up and Regeneration Act introduces a standard fee cap for both new and renewals of licences as well as increased consultation and determination periods, lengthens the maximum duration of licences and provides local authorities with new powers to remove unlicensed furniture.

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 the district of North West Leicestershire.

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

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.

A minimum width of 2 metres must be left between the proposed area and the kerb. 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.

How to apply

All applications and supporting documents must be returned via email.  You will need to complete the application form Pavement Licence Area Application Form (PDF Document, 0.33 Mb) and return with all supporting documents to licensing@nwleicestershire.gov.uk 

Please note, we will reject an incomplete application so please make sure everything listed below and on the check list at the bottom of the application is included when you submit your application. 

We are unable to process paper documents due to time limits.

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 here Pavement Cafe Licence Conditions 2020 (PDF Document, 0.1 Mb)

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.  A template public notice can be found below.

Pending pavement licence applications

All applications are published on the council’s website here View Licence Applications

Useful documents:

Guidance

Pavement Cafe Licence Conditions 2020 (PDF Document, 0.1 Mb)

Health and Safety Guidance and Risk Assessment Template

Application form and template public notice:

Pavement Licence Area Application Form (PDF Document, 0.33 Mb)

Template Notice (PDF Document, 0.54 Mb)

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