The government have made temporary changes to the laws around placing furniture on the highway. The Business and Planning Act 2020, introduces ‘Pavement Licensing’, which will allow businesses to place ‘furniture’ on the pavement to allow for the consumption of food and drink outdoors. It has been confirmed that this legislation will become permanent from Spring 2023.
The Act requires that each application is subject to a public consultation. The public consultation period is set at 7 days (excluding bank holidays). The consultation period is then followed by a ‘determination period’ of another 7 days. If Warwick District Council does not determine your application within the determination period, it is deemed to be granted for 12 months or until September 2023, whichever is sooner.
A business can apply for a licence to place tables and chairs, serving counters or a combination of both on the highway outside their business premises. Licences will be granted for a maximum period of 12 months or up to September 2023. Once the legislation becomes permanent, licences will be issued for 12 months.
In order to complete the process successfully, you will need to provide the following information (electronically):
- A copy of your public liability insurance certificate (minimum of £5 million cover)
- A plan or sketch of the proposed area (including dimensions of the area and showing the position of furniture and other items, within the proposed space)
- A sample or colour photograph of the furniture
Please read the pavement licence published standard conditions before making an application.
We have created a pavement licence plan and layout guidance to assist applicants.
Notice of your application
In order to meet the requirements of the public consultation, you will be required to place a notice in a prominent position in a window of your premises. The notice must be placed in the premises on the day your application is made to the Council and must remain in place for a period of 7 days beginning with the day after the application is submitted to us. As part of the application process, you will be asked to provide proof that you have done this (a photograph would be expected). Please note that anything sent after 17:15 Monday - Thursday or after 16:45 on a Friday will not be processed until the next working day and therefore the date on the public notice must match the working day the application is received.
Pavement licence public notice template
How to apply
To obtain a licence to put furniture on a public highway, businesses need to:
- Fill out the online application form
- Provide the documents listed above as part of that process
- Pay the online fee (£100)
Apply for a pavement furniture licence
An application form must be completed, and a licence granted or deemed granted before you can place any furniture on the pavement.
View applications and granted licences
You will be able to view applications and granted licences:
Representations for or against an application
Any resident or local business, or someone acting on their behalf such as a residents association, trade association or elected councillor, may make 'representations' or comments to the council about applications for new licences. Comments may be positive or negative, and will be considered by the council as part of the ‘Determination’ process. Please email your comments to the Licensing Team using email@example.com, making sure to include the name of the premises you are commenting on and your name and address.
Complain about a licenced premises
Complete the complain about a licensed premises online form.