Pavement licence

Published29 September 2022

Last updated04 April 2023

General information

A pavement licence is granted by the local authority, or deemed to have been granted, which allows the licence-holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.

Brentwood Borough Council supports and encourages the provision of street cafes in town centres and the larger villages within the district, as they make a positive contribution by adding vitality, colour, life and interest to the street scene. They can help maximize the use of public spaces, aid the local economy and add to the facilities offered to people who visit, live and work in the district.

Although each application is judged on its individual merits, we have have an agreed Pavement Licence Policy (PDF) covering minimum standards and conditions against which the merits of an application could be judged, will promote consistency and benefit potential applicants and objectors, as well as assisting Members in making a decision to which there are objections.

When considering a licence application, we will look at:

public health and safety including security
public amenity – will the proposed use create nuisance to neighbouring occupiers
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 the facility causing no-obstruction, in particular considering the needs of disabled people, and whether there are other permanent street furniture or fixed structures in place on the footway that already reduce access
other users of the space

COVID-19 fast track application

In response to the COVID-19 pandemic, the Government introduced under the Business and Planning Act 2020 and associated guidance a streamlined process to allow businesses to secure pavement licences and, where they are deemed to have been granted, allow these licences to remain in place but not beyond 30 September 2023. More information and the online application form can be found in this section.

Normal applications

Pavement licences are usually granted primarily under Part 7A of the Highways Act 1980. If you still wish to apply or renew your licence under the normal route, visit our visit Applications - Highways Act 1980 for more information and to apply online.

It's important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences, planning requirements and the need to comply with registration requirements for food businesses.

Applications - Highways Act 1980

Before the Government introduced the fast track application process under the Business and Planning Act 2020 applications for pavement licences were processed through Part 7A of the Highways Act 1980. Applications to renew such licences can still be made as can applications for new licences if you do not wish to apply for a fast track permit.

Although each application is judged on its individual merits, Brentwood Borough Council does have an agreed Pavement Licence Policy (PDF) covering minimum standards and conditions against which the merits of an application will be judged, which will promote consistency and benefit potential applicants and objectors, as well as assisting Members in making a decision to which there are objections.

Fees

View the Licensing Fees and charges (PDF).

Application

To assist applicants with the process of applying, you can read our application guidance notes (PDF).

Apply for a pavement licence

Determination of application

The consultation period for applications is 28 days form the day after date of receipt. We will aim to determine applications within 20 working days from the end of the consultation period.

Duration of Licence

A licence will usually be granted for 12 months or more unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space. A licence granted or deemed to be granted will not be valid beyond 30 September 2023.

Other regulatory processes

It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences, planning requirements and the need to comply with registration requirements for food businesses.

Further Information

For more information, email licensing@brentwood.gov.uk.

Fast track applications

Business and Planning Act 2020

The Covid-19 pandemic has affected businesses across the economy causing many to cease trading for several months while others have had to significantly modify their operations. As the economy starts to re-open, the Government have introduced the Business and Planning Act 2020 which makes it easier for premises serving food and drink such as bars, restaurants and pubs, as lockdown restrictions are lifted but social distancing guidelines remain in place to seat and serve customers outdoors through temporary changes to planning procedures and alcohol licensing.

The Act also introduces a temporary fast-track process for these businesses to obtain permission, in the form of a “pavement licence”, from Brentwood Borough Council for the placement of furniture such as tables and chairs on the pavement outside their premise which will enable them to maximise their capacity whilst adhering to social distancing guidelines.

The government have produced guidance on the new fast track application process which should be read before making an application.

Although we have an existing Pavement Licence Policy (PDF), which we will have regard to for applications under this process, the guidance will take present where the two differ, and a temporary revised policy will be developed soon.

Fees

View the fees and charges.

Public notice

There is a requirement for the applicant to affix a notice to the premises, so it is easily visible and legible to the public on the day they submit the application to the local authority.

Download and print a notice template (PDF)

The notice must remain in place for the public consultation period which is the period of 5 working days beginning with the day after the day the application is submitted to the authority. When counting ‘working days’ public holidays are not included.

Application

Apply for a fast track licence

Determination of application

Applications will be determined within 10 working days. If we do not determine the application within the 10 working day period, the application will be deemed to have been granted.