������վ

A pavement licence allows the licence-holder to place removable furniture in some outdoor spaces next to their premises.

Please and our pavement licence policy before applying.

The Business and Planning Act 2020 introduced a temporary fast–track process for eligible businesses to obtain permission, in the form of a “pavement licence”, from ������վ Borough Council for the placement of furniture such as tables and chairs on the pavement outside their premises.

The Levelling Up and Regeneration Act 2023 makes permanent (since 31 March 2024) the provisions set out in the Business and Planning Act (BPA) 2020 that streamlined the process to allow businesses to secure these licences quickly. Licences should remain in place for such period as the local authority may specify in the licence, with a maximum limit of two years.

A pavement licence is a licence 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.

A person (whether an individual or a company) who uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. This will usually be the registered food business operator and/or the premises licence holder under the Licensing Act 2003. The types of businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours.

A pavement licence permits the licence–holder to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.

Furniture which will usually be considered acceptable:

• 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, and other articles used in connection with the outdoor consumption of food or drink

This furniture is required to be removable, which in principle this means it is not a permanent fixed structure, and is able to be moved easily, and stored away from the Highway and any associated area covered by a pavement licence at the end of each licence period and day.

We also expect the type of furniture to be ‘in keeping’ with the local area, and officers will provide advice to applicants on this matter in conservation areas, unless afforded “grandfather rights,” the use of Gazebos, umbrellas spanning a large proportion of the licensed area, arbours and similar structures will not normally be permitted. However, this policy will generally be disapplied in respect of applications to renew licences in existence at the time this version of the policy is adopted, and which currently permit such structures.

If a new licence is subsequentially applied for in respect of any such premises, the application will be subject to the general policy (of not allowing such structures.

Furniture that is not removable and used in connection with the outdoor selling or consumption of food or drink are not permitted by a pavement licence.

Advertising boards are not included in the definition of furniture within the pavement licensing regime.

An application must be made in writing and in such form as we may specify (currently online). It must include certain information such as specifying the premises and the part of the relevant highway to which the application relates. It must include measurements of the proposed area, the days of the week and times when furniture is proposed to be sited, a description of the furniture proposed to be sited and the method by which the area will be delineated, including images of items.

Supporting documentation – A current Public Liability Insurance Certificate confirming that at least £5 million of cover is in place. In addition, we require that a plan clearly delineating the extent of the proposed licensed area is provided, and includes any proposed layout and structures be noted on the plan.

Refer to our Pavement Licence Policy for full details of the information required.

Any revisions to applications by an applicant will be treated as a new application (except in exceptional circumstances).

Licences will usually be issued for two years.

Fees are non-refundable, and licences cannot be transferred between individuals or businesses.

Email licensing@crawley.gov.uk to learn more about fees.

Applications are published by ������վ Borough Council for consultation for 14 days. The consultation period starts the day after a valid application was made to us.

After the public consultation period of 14 days, we have a further 14 days with day 1 being the day after the last day of the consultation period) to determine the application.

If we do not determine the application 14 days after the application is made, the application will be deemed to have been granted.

We aim to work closely with other Enforcement Authorities to enforce the provisions of all appropriate legislation. The case remains that an obstruction of the Highway is an offence under The Highways Act 1980 and will be dealt with by the Highways Authority or the Police in conjunction with the relevant council officer(s).

Since 31 March 2024, under the Levelling Up and Regeneration Act 2023, we have been given responsibility for taking enforcement action when a person puts removable furniture on a relevant Highway and is not authorised to do so.

The legislation also affords us with powers to cancel or amend licences in specific circumstances.

Please refer to our Pavement Licence policy for full details.

In exercising its functions, the local authority have regard to any guidance issued under the Act’s, this includes enforcement and revocation powers, as well as a series of local and national conditions which can be attached to licences so that we can protect public safety and amenity.