Licensing Applications
Pavement Licences
The European style of alfresco dining is fast-becoming a great business opportunity for operators in the UK but you can't just stick some tables and chairs outside and hope for the best!
If you wish to place tables and chairs outside your premises then a number of factors need to be considered so as to ensure that you get the correct permissions.
Ownership of the External Area
This may seem like an obvious question but the key to placing tables and chairs outside is to first of all ascertain who owns the area in question. If you take a traditional town high street, then it is likely that the frontage of your premises is the pavement and therefore it is likely that it is owned by the Local Authority. It may be thought that as part of the ownership of your premises that you already have an area within your legal demise. If you are lucky enough to own the outside frontage, then subject to the comments below on Licensing and Planning, you may be a short step away from being able to put tables and chairs outside.What is a Pavement Licence?
If the area outside your premises where you wish to place tables and chairs is owned by the Local Authority, then it is likely that permission will have to be sought under the Highways Act for permission to place tables and chairs outside. These permission have different names depending on the relevant Local Authority and are called Alfresco Dining Licences, Pavement Licences or Tables and Chairs Licences. Every Local Authority has a different procedure and process which you will need to comply with. Please note as a general guide, a clearance of at least 1.8m is required from the kerb to the perimeter of where you would wish to put your tables and chairs.Planning Permission
It is often the case that before tables and chairs can be placed on the highway under the terms of the Pavement Licence, that planning permission for change of use will also need to be obtained. This is because you are technically altering the use of the frontage from public highway for pedestrians to an external dining area.Licensing
Once you have considered the relevant issues in relation to ownership of the external area pavement licences and the planning, you will also need to consider whether or not your Premises Licence permits drinks to be consumed in any external area. Some licences have restrictions on which would preclude this and therefore further advice is needed.Pavement Licence Application Process
The pavement licence application process once you have dealt with the issues raised above, is normally made to the Highways Department at the Local Authority. The application which in effect gives consent to place obstructions i.e. tables and chairs on the highway and any relevant barriers and heaters, is dealt with differently by each Local Authority as there is no standard procedure raised under the Highways Act which governs the application.If you would like more advice on applying for a pavement licence then please contact Clare Eames .