To sell or serve alcohol on a pavement outside your premises in the UK, you need both a pavement licence and a premises licence (or a temporary extension of one) that permits alcohol sales. The pavement license allows you to place furniture on the pavement, and the premises license authorises alcohol sales.
The Licensing Guys can help with every step, gaining each license you might need, worry free and hassle free.
A pavement license in the UK allows pubs and other businesses to place tables and chairs on the pavement outside their premises for customers to use while consuming food and drink. This temporary license essentially permits the use of public highway space for business purposes, subject to specific conditions and regulations.
How to obtain pavement licences so you can offer that ‘alfresco’ experience
Using the front or other external area of a licensed premise to offer that ‘alfresco’ experience can be highly profitable. But there are certain things you need to consider before you can start using the space.
The first one, which might sound obvious, is to understand who actually owns the land.
If the land in front of your premises is council adopted (a public highway) which is without doubt the most common ownership, you will need to apply for a pavement licence (sometimes called a tables and chairs licence) before you can put any furniture on it.
Pavement licences are granted by your local council, but unlike many other licences used in the trade, such as a premises licence or personal licence, they only last for a set period of time; which is a maximum of 12 months.
So you will need to reapply for your pavement licence for each year that you need it. If you don’t and it lapses, you will have to stop using your outside area until you get your new licence, which could have a real impact on your business.
All councils tend to work differently with regards pavement licensing. And some might be more flexible than others. However, if you do use an outside area without a pavement licence, councils are within their rights to confiscate and store your tables and chairs. And you would usually have to pay a fee to get them back.
In the worst case scenario, you could have your premises licence revoked if you continued to use an outside area without the relevant permissions.
If the land is part of your own property, you do not need a pavement licence.
But be careful, as even if this is the case, it doesn’t mean that you can simply place tables and chairs outside without checking for other issues, detailed below.
Type of furniture
Any furniture that you want to use must be removable for you to gain a pavement licence. And to make life easier from an operational point of view, it should be easily removable. Plus you should have a space to store your furniture for safe keeping.
Planning permission
Local councils across England and Wales tend to have different systems and requirements for different licences. Many operate the so-called Fast Track pavement licence scheme, first introduced during the COVID pandemic – if you are applying under this scheme then you don’t need to apply for planning permission. However, if you are applying under other legislation, for example the Highways Act 1980, some councils require you to obtain planning permission for a change of use. So when you make your application, make sure you ask about planning, too.
Pavement licence – Representations
Just like with applications for a new premises licence or a licence variation, your pavement licence is advertised publicly by a notice that you need to display on your licensed premises (commonly placed in a window) and as such, is open to attract representations (objections). These can be from members of the public, other businesses and authorities such as environmental health or the police.
If this is the case, your pavement licence application could end up being heard in front of a licensing committee.
Or, it could simply be rejected and you will not be able to use the space as planned.
Like many aspects of licensing within the alcohol and leisure world, different local councils have different policies and procedures. Therefore, it is important to check with the local authority before proceeding.
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