Pavement licences

A pavement licence allows you to place removable furniture on certain areas designated as "highway", usually pavements, that are adjacent to your premises. 

You can use the furniture to sell or serve food or drink. Anything you sell must be supplied from or connected to the relevant use of your premises.

Your customers can use the furniture to consume the food or drink you sell.

To use the pavement for other purposes, such as to store building materials or erect scaffolding, you need to contact Hampshire County Council.

Temporary pavement licences

Temporary pavement licences were introduced in response to supporting business recovery following the coronavirus pandemic.

The government has now made the pavement licence provisions permanent.

Temporary pavement licences, issued under the Business and Planning Act 2020, that are due to expire on 30 September 2024 will not automatically be extended. You must apply for a new pavement licence under the  Levelling Up and Regeneration Act 2023 if you want to continue using pavement licence provisions.

Permitted furniture

The licence allows you to use the following furniture:

• counters or stalls for selling or serving food or drink
• tables, counters or shelves on which food or drink can be placed
• chairs, benches or other forms of seating
• umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink

The furniture must be able to be moved easily and stored away at the end of the day.

A-boards are not considered as furniture under the legislation.

Conditions of a pavement licence

We will apply local conditions and two national conditions to licences we grant, and those granted by tacit consent.

Please review the conditions, which can be downloaded below, before applying.

Pavement Licence National and Local Conditions (PDF, 73 KB)

We may also attach specific additional conditions to some licences but these will be discussed with you before a licence is granted.

Applying for a pavement licence

There must be a minimum of 2000mm clearance between the boundary of the area to be used for tables and chairs (outlined by an appropriate barrier) and the edge of the footway to allow proper access for wheelchairs, pushchairs, etc.  If the clearance is less than this please contact us with the measurements before submitting an application.

Please read the guidance notes, which can be downloaded below, before starting your application.

Pavement Licence Guidance (PDF, 155 KB)

Fee

We do not charge a fee for the licence currently.

Making an application

To apply for a pavement licence you will need to provide by email:

• a completed Pavement Licence Application Form (Word doc, 284 KB)
• a location plan of the premises
• a plan of the area to be covered by the pavement licence, with dimensions
• public liability insurance document showing a minimum cover of £5 million
• photos or brochures showing the proposed furniture and barriers
• evidence of consent from neighbours (if using area in front of their premises)

We cannot process your application until all of the required documents are provided.

You will also need to display a public notice for 14 days, starting the day after you submit your application and all required documents.

You can use our template Pavement Licence Public Notice Template (Word doc, 64 KB)

Application form

The Pavement Licence Application Form (Word doc, 284 KB) needs to be fully completed. Please refer to the guidance provided before completing the form. The form needs to be emailed to us along with the other required documents.

Plans

You must provide a plan showing the location of the premises with a red line showing the boundary, so we can identify the application site.

You must also provide a plan of the area you are applying to licence.

The plan needs to include the following:

• the property boundary and proposed boundary of the area the licence will cover, with a red line showing the area to be licensed
• the building and kerb lines
• the furniture layout, with measurements clearly shown, including space between furniture
• points of access and egress
• the position of any lighting columns, litter bins, road signs or other existing street furniture
• the area set aside for smoke-free seating

Insurance

You need to provide evidence that the area the licence will cover has public liability insurance cover of a minimum of £5 million. This needs to cover the planned activity taking place in the area the licence will cover.

Furniture

You need to provide photos or brochure images showing what types of furniture you will use to include barriers, tables and chairs.

The area to be covered by the licence should be at least partially enclosed with suitable barriers to contain the furniture and customers making it distinguishable to other pavement users, particularly those with visual impairment. Any barrier should ideally have solid bars/elements at around 100mm and 1000mm above ground level for long cane users.

What happens next

You are required to display a public notice for 14 days, starting the day after you submit your application and all required documents.

The notice must be prominently displayed at your premises and readable to members of the public passing by.

The notice must remain in place until the end on the consultation period and will be checked periodically by an NFDC Officer.

If the notice is removed or becomes illegible during the consultation period then your application will be considered invalid and the process will need to restart.

You can use our template Pavement Licence Public Notice Template (Word doc, 64 KB)

Consultation period

If your application is complete and therefore valid, we will issue the application and supporting documents out for a 14 day consultation, beginning the day after you submit it.

We will consult with:

• the highway authority (Hampshire County Council)
• the police
• fire and rescue services
• ward councillors
• relevant council officers

Should an objection be received during the consultation period, this will be reviewed and considered before making a decision on the licence.

Receiving your pavement licence

We will decide whether to grant your licence within 14 days following the end of the consultation period.

If the licence is granted you will be sent a paper licence along with conditions, and a plate along with a display wallet. The plates need to be clearly displayed in the window of the premises where it can be seen from the street.

In most cases we will grant licences for a period not exceeding two years. In some cases we will grant a licence for a shorter period. We will discuss this with you if it applies to your licence.

Tacit consent

Tacit consent applies to this type of application. This means that you can assume authorisation has been granted for two years subject to standard and national conditions, if we do not make a decision within 14 days following the end of the 14 day consultation period. This only applies if a complete application was served to us and the public notice displayed correctly for the full consultation period.

Changing your licence

Pavement licences are not transferable, therefore a new application would be required if the licence holder changes.

If you wish to change the details on the licence such as the days/times or layout, then a new application would be required.

Contact details

You can contact us if you have any questions about pavement licences.

Email: licensing@nfdc.gov.uk

Phone: 023 8028 5505

Licensing Services
New Forest District Council
Appletree Court
Beaulieu Road
Lyndhurst
SO43 7PA