The Council adopted new procedures and a policy at its Licensing committee meeting of 2 July 2024. Whilst our policy has taken immediate effect, it is currently under consultation.
The area you wish to use must be “relevant highway”. Relevant Highway has a legal definition but in essence it means an area where the public ordinarily have the right to pass along that land.
Some land may be “public” but not “relevant”. For instance highway verges, parks etc. A licence cannot be granted for such an area.
If the land is privately owned you do not need a pavement licence but will need the consent of the land owner.
Before putting tables and chairs on any land you should establish whether or not you need a licence or any other consent. You do not need a pavement licence to put furniture on land you own, however, you will be able to expect to prove to the council that the land is yours.
The Council can check the ownership of a piece of land on your behalf for a fee of £10. We can then confirm whether or not you are exempt from needing a pavement licence. You may also be able to check the land yourself via the www.landregistry.gov.uk site for less or reference to your own title deeds.
You should email us to request this.
A range of conditions are outlined in our policy. There are two statutory conditions. A no obstruction condition and a smoke free condition.
You can apply to occupy as much of the public highway as you wish provided that there is sufficient room left for the public to pass by. The amount of space that must be left should be 2 metres. This is measured from the edge of your proposed licensed area and the edge of the public footpath.
Your pavement licence area must either be completely smoke free or 50% of the area licensed should be smoke free.