Licence to put tables and chairs on the street or pavement

If a pub, bar, restaurant or cafe would like to have seating for customers outside of their property and on a public highway then they must have a licence to do so.

A public highway includes roads, pavements and verges.

Why a licence is needed

A licence is required to make sure that enough space is available for the safe and free movement of all people using the highway. It also considers any possible noise disturbance for near by residents and business owners.

Updated pavement licence guidance

On 20 July 2021 revised guidance was published by the Ministry for Housing, Communities and Local Government on Pavement Licenses (outdoor seating). This guidance forms part of the Business and Planning Act 2020 (amended 2021). This revised guidance can be found on GOV.UK – Pavement licences (outdoor seating)

If you are applying for a license, please ensure you have read the revised guidance before submitting your application.

Cost of a pavement licence

A new license will cost £100. All applications will be classed as new licenses under the amended guidance. There will be no renewals of previously issued licenses.

Payment of the fees will need to be made once the application has been reviewed and approved.

How to apply

It should be noted that under the new guidance that all premises must apply for a new license if they wish to keep using their outside areas after 30 September 2021.

To apply for or renew a pavement licence complete the Application form to place furniture in the highway (Word, 19KB) and return it by email to hway_assets@nelincs.gov.uk.

Please include ‘Pavement licence’ and the name of your business in the subject of the email.

Provide as much information with your application as possible including:

photo evidence of consultation notice on premises (must be visible to the public at all times)
a plan and photos of the exterior of your premises that clearly show the area you are requesting a licence for
photos showing any street furniture (lamp posts, railings, benches, BT cabinets etc) that are within close proximity to your premises.
details of the type of amenities (tables, chairs, barriers etc) you are intending to use
a copy of your current public liability insurance certificate with a minimum value of £5million
any other maps, plans or photographs which may assist us to determine your application

To assist us to make a decision on your application as quickly as possible provide all the information listed on the application form. Failure to do so may delay a decision on your application.

If you need information on road closures go to Traffic regulation orders. If you are planning an event and need a temporary events licence read Organising an event.

Application decisions

Pavement licences are considered on a case-by-case basis and will be determined based on four criteria:

Clear routes of access – it is a condition that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people.
Public health and safety – for example, ensuring that uses conform with latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening.
Public amenity – will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter; and
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:
- any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles.
- whether there are other permanent street furniture or structures in place on the footway that already reduce access.
- the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people.
- other users of the space, for example if there are high levels of pedestrian or cycle movements.

Guidance notes

A licence is only required if you are seeking to place tables and chairs on the public highway. A licence is not required if tables and chairs are to be located in a private area that is part of the pub or café (for example a beer garden)
Tables and chairs licences are valid for a period of 12 months or until September 2022 (whichever is sooner).
Fees are non-refundable
All furniture in the area covered by the licence MUST be removed from the pavement and stored within the premises when not in use
Fees are only payable for successful applications and will be payable on determination of your application
You will need to provide a copy of your current public liability insurance certificate with a minimum value of £5million
Unless otherwise stated, licences are granted for the period between 9am to 9pm in Cleethorpes town centre and 9am to 8pm in Grimsby town centre.
For more information please email us at hway_assets@nelincs.gov.uk.

It should be noted that the 2021 amendments provide additional information on provision of non-smoking and smoking outdoor provision along with added enforcement guidance. Should premises not be adhering to the license conditions then the license may be revoked by the Local Authority.