The Levelling Up and Regeneration Act 2023 (the Act) makes permanent the provisions set out in Business and Planning Act 2020 that streamlined the process to allow businesses to secure pavement licences quickly.
On 31 March 2024, the Government commenced the pavement licensing provisions laid out in the Act. This permanent regime retains the key features of the 2020 process, intended to streamline processing and reduce costs, but also incorporates some changes to ensure the long-term sustainability of the model.
The purpose of the Act is to provide an easier and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will provide much needed income for businesses and protect as many hospitality jobs as possible, particularly during times of increasing living costs.
Who can apply for a licence
Business premises selling food and drink in Stafford Borough that can apply include:
- drinking establishments (pubs, wine bars)
- premises that provide food or drink for consumption on or off the premises (restaurants, snack bars, coffee shops)
An applicant does not need a premises licence under the Licensing Act 2003 to apply for a pavement licence.
It is important to note that if an applicant has a licence to serve alcohol on the premises, temporary amendments to the Licensing Act 2003 will generally allow them to sell alcohol for consumption off the premises without needing to apply for a variation of their licence. This is in place until March 2025.
The grant of a pavement licence only permits the placing of furniture on the highway adjacent to your premises. Other regulatory frameworks still apply - for example, you will need a premises licence to serve alcohol and a food business registration to serve food.
Costs of a licence
The application fee for a new Pavement Licence is £300, which is valid for 2 years.
A renewal application for existing licences is £200.
The fee is payable via phone 01785 619745 or online when submitting the application.
Please note that fees are subject to annual increases, in line with the Council’s fees and charges.
How to apply for a licence
Applications will only be accepted electronically.
To request an electronic version of the form email ehlicensing@staffordbc.gov.uk or apply online at Pavement Licence Application.
Once your application has been submitted a public notice must be fixed to the premises, advertising to the public/interested parties that a pavement licence has been applied for.
This notice must remain in place for the duration of the consultation period which is 14 calendar days, beginning the day after the application has been submitted to Stafford Borough Council.
Once you have submitted your application you cannot increase the amount of furniture you put outside.
You must stay within the capacity stated and it must be proportionate to the size of your premise.
If changes are required, a new application will need to be made and consulted upon.
When will the licence be granted
If the Council receives no objections, your licence will usually be granted within 14 calendar days of the end of the period for making objections. If the Council does receive objections from either the responsible authorities consulted (Police, Licensing, Fire Service, SCC Highways or Environmental Health) or members of the public, the Council has three options:
- grant the licence in respect of any or all of the purposes specified in the application,
- grant the licence for some or all of the part of the highway specified in the application, and impose conditions, or
- refuse the application.
Various conditions will be applied to the licence which applicants must adhere to.