In July 2021 the Business and Planning Act 2020 introduced provisions that allow applications for Pavement Licences to be granted by the District Council to allow the licence-holder to place removable furniture and other related items on the pavement/highway adjacent to their premises.
The process introduced a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway, at a time when support was needed for them to re-open and operate safely while social distancing measures remained in place, post-COVID.
The Act makes provisions for premises that are currently only licensed for the sale of alcohol for consumption on the premises, to be permitted to sell alcohol for consumption off the premises also. Relaxation for sale of alcohol for consumption off the licensed premises (off-sales) Premises currently licensed for the sale of alcohol only for consumption on the premises will be permitted to sell alcohol for consumption off the premises as well until the terminal hour for on-sales, but with a cut-off point of 11pm.
This automatic permission, relaxed any need to apply for a variation of the Premises Licence (Licensing Act 2003), and any conditions that were attached to the Premises Licence which may affect off sales, such as ‘off sales only being permitted in sealed containers’ were suspended at that time.
The relaxation (intended to be temporary) is subject to certain restrictions:
- This relaxation does not apply to premises that are authorised to supply alcohol under the authorisation of Club Premises Certificate (eg registered member clubs) – only to those with the benefit of a Premises Licence.
- Where a premises licence to sell alcohol had been granted, varied or reviewed in the three years prior to introduction of the scheme, and off-sales were refused or restrictions added to the licence to prevent off-sales, an application for a pavement licence would not be accepted. f the Licensing Authority or Police Authority have concerns about off-sales from a premises then they may instigate an ‘off-sales review’ of the premises licence which may result in the permission for off-sales being removed from the premises licence.
Pavement Licences allow the licence-holder to place removable furniture and other related furniture over certain highways adjacent to their premises. A licence is not needed to place tables and chairs etc in an outdoor area if it forms part of the premises e.g. pub/cafe car parks, garden areas etc.
Only premises which are used for either of the following may apply for a pavement licence:
- public house, wine bar or other drinking establishment; or
- for the sale of food or drink for consumption on or off the premises
This was originally intended as a temporary 'fast-track' application process, which has now been extended until the end of September 2024. The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023 came into force extending pavement licence expiry date to 30th September 2024.
How to apply
We are currently developing our on-line facility for this application type, but in the meantime the Pavement licence application form and advert notice can be downloaded below and when fully completed it can be emailed to
- A copy of public liability insurance documents showing how you are covered for this activity on the pavement/public highway. Please note that Public Employer's Liability Insurance doesn't always cover Public Liability and as it is a mandatory requirement for this licence type to be covered to a minimum of £5million, applications will not be accepted without it.
- A detailed image or copy of the public notice you have completed for advertising the application. A Notice template for this purpose can be downloaded from the application section of this webpage below.
- An image showing that the applicant has displayed the public notice on the pavement in a visible, and obvious location. (to be supplied no later than the day after the application has been made).
- A plan or set of plans fully showing the dimensions of the pavement and furniture intended to be placed on the pavement or other part of the highway.
- Images or brochure images of furniture and any barriers you intend to place on the pavement. It is a standard condition that barriers will be used to ensure the area licensed can be clearly identified. (standard licence condition 7). The applicant may not wish to incur any significant expenditure until a licence is granted, so images are acceptable at the application stage..
- A document showing that any gas appliances (if intending to be used) are safe (either a new conformance certificate, or a periodic gas safety inspection certificate).
- Details of the fire retardant qualities of any fabrics you intend to place on the pavement (soft furnishings and coverings, awning/canopy/umbrella materials)
Anything placed on the highway must be removed overnight and any time the business is not operating - so any furniture to be used must be of a design that is capable of being taken away at the end of the day. Failure to comply with this condition
A separate no-smoking outside area must be made available for customers. (National Condition).
The Application
The Applicant is required to advertise the application at the premises to allow public consultation. The Council will publish any applications received on its website. The advertisement period is 7 days, starting with the day after the application has been received by the Council. Please download and email the completed application as we cannot accept copies by post - the timescale for comments cannot start until the day after the application has been received and the notice at the premises must state the correct end date for comments.
You can download the Application Form Application Form - Temporary Pavement Licence and the Advert Notice Template - Pavement Licences template.
Fees are set locally for this licence application, and have been capped by the Government at a maximum of £100.
In 2020, 2021 and 2022 the District Council resolved to waive any fee for pavement licence applications made during the declared temporary period issued until the end of September 2023; this was to help local business recovery, allowing businesses to trade in alternative ways where possible, post- pandemic.
When notification was received that the temporary licensing regime will be extended until 30 September 2024, the Council's Governance and Resources Committee resolved that an application fee of £100 would be charged with effect from 1st April 2023.
To make the payment when submitting the application, please call 01629 761166. You will need to confirm that you are applying for a pavement licence, the fee is £100 and the cash code reference is 9380.
How will an application be determined?
The application will be checked by the Council’s Licensing Team and the following authorities/agencies will be consulted on the application as standard:
- Highways Authority at Derbyshire County Council
- Licensing Team at Derbyshire Police (North Division)
- Derbyshire Dales District Council's Environmental Health Team
- Derbyshire Dales District Council's Clean and Green Team (as required)
(NB: in some cases it may be necessary to consult with other agencies/authorities, such as the Council's Anti-Social Behaviour Team).
The period for consultation is 7 days, starting with the day after the application has been received and is considered complete by the Council. Sharing of Information Applicants need to be aware that the full details of their application and supporting documents submitted will be shared with the above agencies/authorities to enable full consultation, to ensure effective administration of the new licensing regime. The applicant’s personal details (with the exception of applicant's name) will be redacted from the copy of the application documents that the Council publishes on its website for public consultation. Details of pavement licence applications received, pending and determined will be provided at the bottom of this webpage for information.
Grant/Refusal of Licence
If a local authority determines an application before the end of the determination period (which is 7 days, beginning with the first day after the end of the consultation period) the authority can specify the duration of the licence, subject to a minimum duration of 3 months. The expectation is that local authorities will grant licences 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. Licences will be granted subject to
If you do not hear from the Council after 14 days starting with the day after you submitted an application, then your licence will be deemed granted. Any licence granted or deemed to be granted will not be valid beyond 30 September 2024.
If a licence is ‘deemed’ granted because the authority does not make a decision before the end of the 14-day determination period, then the licence will be valid for a year. However, if, when implemented, a licence that has been deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.
You will be notified within the timescale if your licence application has received objections or has been refused; or whether a licence could be granted if you modify the application.
Appeals against decision
Currently, there is no statutory appeal process for these decisions.
Enforcement of conditions
If a licence is granted the licence-holder will be required to ensure that any activity carried out on the pavement is safe, protects public safety and that the operation of the business and its customers do not cause a nuisance to neighbouring residents.
Enforcement action under other legislative powers is still possible even if a valid pavement licence is in place; for example noise pollution and anti-social behaviour. Anything placed on the highway must be removed overnight and when the business is not operating, unless otherwise stated in the conditions attached to the licence.
Anyone wishing to make comment on an application must do so no later than the end date for comments stated on the Notice displayed at the premises. Any comments can be emailed to the Licensing Manager at
Latest News: Temporary Licensing Regime now extended until 30 September 2024 - (Regulations containing further information are awaited from Government).
