Pavement (Tables and chairs) licences
Businesses selling food or drink need permission to put furniture (including tables and chairs) on the pavement for the use of customers, where it is part of the public highway.
On 31 March 2024 new provisions within the Levelling Up and Regeneration Act (LURA) 2023 were introduced to provide a permanent pavement licensing regime in England; replacing the temporary provisions in the Business and Planning Act 2020.
Any business wishing to apply for a new pavement licence is required to make a new application to Horsham District Council Licensing Team. Businesses wishing to renew their pavement licence can do so any time prior to the expiry of their current licence.
Applicants will need to supply a number of supporting documents and provide a copy of their certificate of insurance, this will need to cover third party and public liability risks, to a minimum of £10 million.
New and/or renewal pavement licences will now be granted for a length of two years. Unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space or similar circumstance.
Fees
- The fee for a new pavement licence is £500
- The fee for renewing a pavement licence is £350
- For a Temporary License price is on enquiry, based on officer time
Advertising via "A" boards are not covered by the pavement licensing regime
Restrictions and conditions
The Council will generally only grant pavement licences which permit furniture to be placed on the highway between 09:00 and 21:00 hours
Horsham District Council and West Sussex County Council may remove and store /or dispose of furniture from the Licence Site if furniture is on the Licence Site outside the permitted times; or
Furniture is on the highway outside the Licence Site at any time of the day.
Please read the Government’s guidance on Pavement Licences
Apply for a pavement licence
Apply by contacting licensing@horsham.gov.uk Please ensure you have the listed documents ready to submit as supporting information with your application:
- A plan showing the location of the existing premises shown by a red line, so the application site can be clearly identified
- A plan clearly showing the area of the highway proposed to be covered by the pavement licence (if granted), and, if not to scale, with measurements clearly shown. The plan must show the positions and number of the proposed tables and chairs, together with any other furniture you wish to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other existing fixed item in the proposed area such as a lamppost or bench
- Details regarding the way in which any structures will be affixed in a safe, suitable and secure manner (such as gazebos, umbrella, marquee (including the provision of risk assessments and compliance with the Health and Safety at Work Act 1974How the pavement licence area will be defined (e.g. barriers, to include size and type)
- Confirmation that you are either the registered food business operator or the premises licence holder under the Licensing Act 2003photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied;(where applicable) reference of existing pavement licence currently under consideration by the local authority;
- Evidence that the applicant has met the requirement to give notice of the application (for example photographs of the notice outside the premises and of the notice itself)
- A copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £10 million, and any other evidence needed to demonstrate how our local conditions, and any national conditions will be satisfied.
After you apply
Once your completed application has been received and verified, the consultation period for comment is 14 days. This will begin the day after we receive the application electronically. There will be a further 14 days for determination of the licence.
A site notice must be affixed at the premises for public viewing, this is to inform the public and other businesses in the vicinity of your proposals. Various Departments within the Council, the Highways Authority and local Police and Fire Brigade will be consulted.
The Council will take into account representations received during the public consultation period and consider these when determining the application.
Applicants must ensure that until permission has been obtained for Horsham District Council, no tables and chairs are placed on the highway outside/ adjacent to the premises. Following the full 28 day process, a decision will be made, please contact us should you wish to check progress.
View current pavement licence applications
Visit our View and comment on current licensing applications page to see applications made to Horsham District Council for pavement (tables and chairs) licences.
Call 01403 215407 or email licensing@horsham.gov.uk if you have any questions.