Pavement licence: tables and chairs outside cafes and pubs
Written by Sam Allcock · Last updated 23 August 2026 · Facts checked against GOV.UK guidance on the date above
A pavement licence lets a cafe, pub, bar or restaurant put removable furniture - tables, chairs, umbrellas, barriers - on the pavement or other public highway outside, without needing full separate highways consent.
It's issued by your local council under the Business and Planning Act 2020, now made permanent by the Levelling-up and Regeneration Act 2023, with fees capped at £500 for a new application and £350 for a renewal.
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Get it done for you →This guide covers who can apply, the fast-track application and consultation process, the standard national conditions attached to every licence, the current fee caps, and what happens if your council doesn't respond in time.
This is general information, not legal advice. Highways and licensing rules can be locally specific - for anything unusual about your site or furniture plan, check directly with your council's licensing team.
What is a pavement licence?
It's council permission to place removable furniture on the public highway outside food and drink premises, introduced as a fast-track alternative to the slower, more expensive process that previously applied under highways law.
The regime began as a temporary, pandemic-era measure under the Business and Planning Act 2020, and was made a permanent feature of the licensing system from 31 March 2024 by the Levelling-up and Regeneration Act 2023 (GOV.UK, checked 23 August 2026).
Who can apply?
You need to be a business that uses the premises for the sale of food or drink for consumption - cafes, restaurants, pubs, bars and coffee shops are the typical applicants.
Businesses that don't sell food or drink - a hairdresser or a retail shop, for example - aren't eligible for a pavement licence under this regime, even if they'd also like to put furniture outside.
How to apply, step by step
- Prepare your application, including a site plan, details and photos of the furniture you want to place outside, and the days and hours you want to use it.
- Submit to your local council, along with the fee (see below).
- Display a public notice at the premises on the day you submit, and keep it visible for the whole consultation period.
- Your council publishes the application so the public and relevant bodies can comment.
- A 14-calendar-day public consultation period runs (excluding bank holidays), during which anyone can make representations.
- Your council then has a further 14 calendar days to determine the application once the consultation period ends.
- If the council doesn't decide within that determination period, "deemed consent" applies - your licence is automatically treated as granted, for up to 2 years.
Source: GOV.UK pavement licences guidance, checked 23 August 2026. Applications submitted before 30 March 2024 that were still being determined after the Levelling-up and Regeneration Act changes took effect could instead be subject to shorter 7-day consultation and determination periods and a £100 fee cap under the earlier, temporary rules - if that transitional situation applies to you, confirm which regime your council is using.
What conditions come with a pavement licence?
Every pavement licence carries two national conditions, on top of anything your specific council adds.
| Condition | What it requires |
|---|---|
| No-obstruction condition | Furniture must not obstruct the highway, and you must consider disabled users' needs - guidance points to keeping a clear passage of roughly 1,500mm to 2,000mm. |
| Smoke-free seating | You must make "reasonable provision" for seating where smoking isn't permitted. |
Only removable items count as licensable furniture - tables, chairs, counters, umbrellas, barriers and heaters used for the food and drink service. Fixed structures and freestanding advertising boards generally aren't covered by a pavement licence.
What does a pavement licence cost?
Since the permanent regime took effect on 31 March 2024, fees are capped nationally, though your council can charge less.
These are national maximums - many councils charge the full capped amount, but check your own council's current published fee before budgeting. The free official route on GOV.UK →
✓ Fee caps verified against GOV.UK's pavement licences guidance, checked 23 August 2026
These figures replaced an earlier, lower £100 cap that applied under the original temporary, pandemic-era rules - if you're quoted £100 by an older source, that's now out of date for applications under the permanent regime.
How long does a pavement licence last?
A granted licence lasts for up to 2 years, and a licence granted automatically through deemed consent also runs for 2 years.
Existing licences that didn't originally have a fixed end date were extended to run for 2 years from 31 March 2024, when the permanent regime began.
Frequently asked questions
Do I need a pavement licence if I only sell drinks, not food?
Yes, if you're a business using the premises for the sale of food or drink for consumption - pubs and bars selling drinks only are still eligible, along with cafes and restaurants.
What happens if my council doesn't respond to my application in time?
If your council doesn't determine your application within the 14-day determination period following consultation, "deemed consent" applies and your licence is automatically treated as granted, for up to 2 years.
How much does a pavement licence cost?
Up to £500 for a new application and up to £350 for a renewal, under the permanent regime that began on 31 March 2024 - your council can charge less, but not more.
Can I put an advertising board outside under a pavement licence?
Generally no - pavement licences cover removable furniture used for food and drink service, such as tables, chairs and umbrellas, not freestanding advertising boards or fixed structures.
How long does a pavement licence last once granted?
Up to 2 years, whether it's actively granted by your council or automatically granted through deemed consent.
apply for licence is an independent guide and is not affiliated with, endorsed by, or connected to GOV.UK, any local council or any government body. This page is general information, not legal advice - for anything specific to your premises or furniture plan, contact your local council's licensing team directly.