Pavement Licences

Businesses can apply for a pavement licence which permits them to use furniture on the highway for selling and consuming food and drink.  Businesses that are eligible include:

•    Public houses
•    Cafes
•    Bars
•    Restaurants
•    Snack bars
•    Coffee shops
•    Ice cream parlours

A licence permits the business to use furniture placed on the highway to sell or serve food or drink and allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.

Businesses that do not use their premises for the sale of food or drink - salons for example - are not eligible for this licence. They can apply for permission to place furniture on the pavement under the Highways Act 1980.

The following furniture is permitted under a pavement licence and all furniture must be removable, or stored away each evening and not a fixed permanent structure:

•    Counters or stalls for selling or serving food or drink;
•    Tables, counters or shelves on which food or drink can be placed;
•    Chairs, benches or other forms of seating; and umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.

Please read the government's pavement licences guidance before making your application.

Application process

You can apply for a pavement licence by completing our online form.

When you apply you must provide the following information:

•    The location and name of the premises that the application is for
•    A plan showing the location of the premises shown by a red line, so the application site can be clearly identified
•    a plan clearly showing the proposed area covered by the 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 they wish to place on the highway. The plan must include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area. 
•    The days and times during the week the licence is for
•    The type of furniture used for the licence
•    You will also need to provide copies of: Public Liability Insurance, (minimum value of £5 million) ,a plan of the pavement licence area and a copy of your right to occupy the premises (e.g lease).
•    Example of pavement licence plan

All of the above information and documents must be provided before your application can be determined.

Details of your application submitted online will be emailed to you. Please keep these safe.

Public Notice

Once you have applied online and all your documents have been received, you will be emailed a link to download a notice that must be displayed in a prominent place on the premises, such as in the window. You must email us two photographs showing the notice on display. One of the photographs must show the detail of the notice and the other how it is displayed at the premises.

The notice will include:

•    The name of the premises applying for the licence
•    An application reference and date
•    The date the application consultation period ends
•    An email address to which consultations can be made

We encourage applicants to talk to neighbouring businesses and occupiers prior to applying to the local authority, to ensure any issues are taken into consideration.

Consultation period

Once your application has been correctly submitted and a notice displayed it will enter a consultation period for 28 days (beginning with the first working day after your application, excluding public holidays)

•    The first 14 days are for public consultation
•    The next 14 days are for the council to consider and determine your application after the public consultation

Your application will be sent to Environmental Health and East Sussex Highways as part of this consultation process.

When determining your application the council will consider: 

•    Public health and safety – for example, ensuring that uses conform with latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening;
•    Public amenity – will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter;
•    Accessibility – taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users, taking account of:
o    Any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles;
o    Whether there are other permanent street furniture or structures in place on the footway that already reduce access;
o    The recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of Inclusive Mobility, and
o    Other users of the space, for example if there are high levels of pedestrian or cycle movements.

If the council does not determine the application by the end of the 28 days then it is deemed to have been granted.

If the local authority determines the application before the end of the determination period the local authority can:

•    grant the licence
•    grant the licence for some or all of the part of the highway specified in the application, and impose conditions, or
•    refuse the application

Licence period

A licence will be granted for a period of two years but may be granted for a lesser duration where it appears appropriate to the licensing authority.  If a licence is ‘deemed’ granted because the authority does not make a decision on an application before the end of the determination period, then the licence will be valid for one year.

Public Register

To see a list of Pavement Licence applications that are in the public consultation period, which lasts for 14 days after the date of application, please see our public register.

Fees

The fee for a new pavement licence is £350.
The fee for a renewal of a pavement licence is £300.

Renewing a Pavement Licence

For pavement licence renewals (where there are no changes to an existing licence) we may reduce the above requirements.

Pavement Licence complaints

If you would like to make a complaint about a premises with a pavement licence, such as obstruction to the pavement, please email: licensing@hastings.gov.uk