Pavement licence
Pavement licences have been made permanent after several years of temporary legislation. The Business and Planning Act 2020 has been amended by Schedule 22 of the Levelling Up and Regeneration Act, this new legislation applies from 31 March 2024.
We can no longer issue licences for tables and chairs using the Highways Act 1980 legislation. This means that any business that currently holds a licence for tables and chairs or street furniture will need to transfer to a pavement licence. If your business holds a table and chair or street furniture licence licence, once your current licence expires you will need to apply for a pavement licence instead.
A pavement licence is required to enable the use of the following items on the public highway:
- tables
- chairs and benches
- planters (if used as part of a seating or standing area)
- parasols and gazebos may be licenced in certain locations where suitable
- barriers
The basic conditions of the licence
A minimum of 1.5 metres must be left clear on the footway for pedestrians and wheelchairs to pass, more than 1.5 metres will be required in busy areas.
Pavement licences can only be issued for items on a footway. They cannot be issued for items on a road open to traffic or in a parking bay. Licences will only be issued adjacent to the premises (directly outside or next to the premises), items cannot be placed across a road or cycle lane from a premises.
Planning permission may be required in conservation areas or sensitive locations.
Fees
- renewal application £350
- new application £500
Licences are valid for 12 months.
Application for a pavement licence
You must display a consultation notice for 14 days. The notice will be created automatically by the online application system, you must print it off and display it in an obvious position in your window/door that is viewable to the public on the same day you apply.
You can apply and pay online. To complete your online application, you will need these documents in PDF, JPG or PNG format ready to upload:
- public liability insurance to a value of £5,000,000
- your company bank details on letter headed paper or other evidence of your bank details, this is required to set your company up on our finance system
- a plan of the area you're applying for, this can be hand-drawn if that is easier
- it should show the width of the area you wish to use, and the width of the remaining highway for pedestrians (minimum 1.5 metres, preferably more)
- it should also show where tables and chairs will be located within the space; ensure that social distancing measures are considered and any smoking and non-smoking areas
- a form of ID you can upload to create your account
- proof of your address and the address of the premise
- evidence of ACT eLearning completion (see guidance notes for information)
Consultation
You can comment or submit a representation for a current application (note this link will not work on Internet Explorer, use any other type of browser).
If you have any questions email highwayslicensing@southwark.gov.uk.
Standard terms and conditions
1. The licence document must be displayed at all times in clear view for inspection by officers of the council or police.
2. The licence only gives permission for the use of the area and/or items specified in the licence document as agreed. No outside area will be permitted for use outside the hours of 8 am and 10 pm. All items should be removed from the highway to a secure location or be rendered unusable by 10 pm.
3. The licensee must have obtained public liability insurance to the value of £5 million or more before their occupancy of the public highway.
4. The licensee shall not in any way interfere with the surface of the public highway and shall be responsible for the cost of any remedial works resulting from damage caused by any such interference. The licensee agrees to indemnify the council from and against any claim in respect of any injury damage or loss arising directly or indirectly out of the grant of this pavement licence and the use by the public of the licensed street furniture.
5. Unless specified otherwise in the licence document, a minimum of 1.5 metres of space either on the footpath/footway or to the public highway kerb edge will be kept free of any obstructions. This clear space is reserved for the movement of pedestrians and wheelchair users and must not be blocked by street furniture or by customers.
6. The licence granted will be exercised in such a manner as not to cause a nuisance, disturbance or danger to the occupiers of adjoining properties or the users of the highway. Any traffic or pedestrian management equipment required in conjunction with the granted licence will be placed in the appropriate location at all times during the operation of the pavement licence.
7. Any tables or area where smoking is allowed must be at least 2 metres away from any non-smoking area.
8. The licensee shall remove street furniture from the public highway immediately if requested to do so by Southwark Council, its agents, contractors or by a statutory undertaker. Additionally, the licensee must abide by instructions from the police and emergency services to remove street furniture. In these circumstances, a request should be made to Southwark Council before street furniture is replaced.
9. If a condition imposed on a licence, either by the local authority or nationally, is breached the local authority can issue a notice requiring the breach to be remedied and the authority can take action to cover any costs. The authority may revoke a licence in the following circumstances: For breach of condition, (whether or not a remediation notice has been issued) or where:
- there are risks to public health or safety, for example, by allowing users to breach government guidance on social distancing by placing tables and chairs too close together
- the highway is being obstructed (other than by anything permitted by the licence)
- there is anti-social behaviour or public nuisance, for example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up
- it comes to light that the applicant provided false or misleading statements in their application, for example, they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed
- the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period
10. The council may serve a Notice on the Licensee requiring them to remedy any breach of the terms of this licence. In the event that the licensee fails to comply with the notice, the council may itself take the steps required by the notice and recover from the licensee any reasonable cost incurred.
11. Any notices served by the council pursuant to this licence shall be deemed to have been sufficiently served if addressed to the Licensee and sent by email, post or left at the premises.
12. The Licence is issued for a specific square meterage and number of items. If any items are found outside the licenced area they may be removed under the Highways Act 1980.
13. Staff or security personnel must be present to monitor outside areas at all times, at a ratio of 1 marshal for 100 customers or less. It is acceptable to share this responsibility with neighbouring premises if appropriate.
14. Cutlery and glassware must only be present in any outside area when in use by a customer. Cutlery and glassware must not be left unattended. Plastic or re-useable plastic are preferred for use in outdoor areas.
15. Reasonable Local Conditions can be added or amended at any time by the Local Authority. A local condition is one that improves the amenity of the area around the premises. The conditions of the pavement licence may be amended at any time.
16. It is a condition that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and 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.
17. The responsible person (applicant) must ensure that all personal licence holders, those with delegated authority, and staff employed by or contracted to the relevant licensed premises; register and successfully complete the nationally recognised counter-terrorism training product referred to as ACT eLearning package within 10 days of the pavement licence application being made or can demonstrate that the ACT eLearning product has been successfully completed by those employed or contracted to the relevant licensed premises within the preceding 12 month period of the pavement licence being granted (ACT eLearning Certificates are provided on successful online completion).
Page last updated: 11 July 2024
