On 22nd July 2021 the Business and Planning Act 2020 ("the Act") received Royal Assent and took immediate effect.
The Act contains 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 over certain highways adjacent to their premises.
This new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will support them to re-open and operate safely while social distancing measures remain in place. 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 is an automatic permission, relaxing the need to apply for a variation of the Premises Licence granted under the provisions of the Licensing Act 2003. Any conditions that are currently attached to the Premises Licence which may affect off sales, such as ‘off sales only being permitted in sealed containers’ will be suspended for now.
The relaxation which is 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 has been granted, varied or reviewed in the last three years and off-sales were refused or restrictions added to the licence to prevent off-sales, an application for a pavement licence will not be accepted.
If 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. Details of pavement licence applications received, pending and determined by the Council are provided at the bottom of this webpage for information.
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
The Act imposes two national conditions which will be automatically be attached to all licences granted or deemed to be granted. These relate to smoke-free areas, and no obstruction of the Highway.
Smoke-Free Area: The Licence-holder must make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area.
No Obstruction: Where a pavement licence is granted, the Licence-holder must ensure that clear access routes on the highway are maintained, taking into account the needs of all users, including disabled people.
All holders of pavement licences granted by the Council must also comply with the locally set of Standard Licence Conditions. If the proprietor does not comply with them, the District Council may instigate action to have the furniture etc removed and/or revoke the pavement licence.
Before applying for a pavement licence and to avoid any misunderstanding or misinterpretation of the requirements, all applicants are advised to read the Government Guidance on the Gov.UK website. Use of Council-owned Land - Sitting-Out Licences Any application received by the District Council, asking for permission to use Council-owned land for the purpose of providing food and drink at tables and chairs outside the premises (outdoor cafe, bar, restaurant/bistro), will be considered by the Council‘s Estates & Facilities Team and Legal Team. These applications are not covered by the provisions of the Business and Planning Act 2020. Please note that Public Liability Insurance for the use of Council-owned land will be required at £10million.
How to apply
We are currently developing our on-line facility for this application type, but in the meantime the Pavement licence application form [PDF 466KB] can be downloaded, 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 this is a mandatory requirement for this application.
- Evidence of the right to occupy the premises e.g. the lease.
- 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 (or the area of DDDC owned land) in a visible, and obvious location.
- A plan or set of plans fully showing the dimensions of the pavement and furniture intended to be placed on the pavement or on area of DDDC owned land).
- 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).
- 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)
It would also be advisable to include any measures for ensuring social distancing etc in the COVID Risk Assessment you have already produced for your premises. Anything placed on the highway must be removed overnight and when 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. A separate no-smoking outside area must be made available for customers. (National Condition).
Only one application can be made for each premises within the determination period.
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.
Download the Pavement licence application form [PDF 466KB]
Fees are to be set locally for this licence application, and have been capped by the Government at a maximum of £100.
In 2020 Derbyshire Dales District Council resolved to waive any fee for pavement licence applications during the declared temporary period up until the end of September 2021 to help local business recovery and to allow them to trade in alternative ways where possible, following the lock-down period of the coronavirus pandemic.
In July 2021, the Government announced that the temporary licensing regime had been extended until 30 September 2022 and the Council resolved not to charge any fee for temporary pavement licences for this period. In July 2022, the Government announced that the temporary regime is to be extended until 30 September 2023. Officers will be seeking committee approval to charge an application fee to recover the cost of providing the service, as it is expected that it will become a permanent licensing authority function for the District Council.
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.
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. A licence granted or deemed to be granted will not be valid beyond 30 September 2022.
If a licence is ‘deemed’ granted because the authority does not make a decision on an application 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 the application is modified.
Appeals against decision
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. Comments can be emailed to the Licensing Manager at