Pavement Licensing Policy

Introduction

This policy explains how Norwich City Council (the Council) applies the Pavement Licensing system. It tells licence holders how to obtain a licence, what conditions may apply, and how we regulate pavement licensing in the city.

The Pavement Licence system was introduced under the Business and Planning Act 2020 to simplify the process for businesses to place furniture - such as tables and chairs - on public pavements. Originally temporary, this system has now been made permanent through the Levelling Up and Regeneration Act 2023.

Norwich City Council is authorised to issue pavement licences, allowing specified furniture on highways (mainly footpaths and pedestrian areas). Businesses may still need other licences depending on the activities carried out in the licensed area.

Scope

What is a pavement licence?

A pavement licence allows a business to place temporary furniture - like tables and chairs - on the pavement outside their premises. This furniture can be used to serve food or drinks, or for customers to sit and enjoy food or drinks bought from that business.

Important things to know

The licence only gives permission to place furniture on the pavement.

Businesses still need to follow other rules, such as:

• Having a licence to sell alcohol.
• Having sufficient toilet facilities.
• Being registered as a food business, etc.

Planning permission

Once a pavement licence is approved (or automatically granted), the business also gets planning permission to use the pavement space in line with the licence, for as long as the licence is valid.

Eligible businesses

Any business that sells food or drink for customers to eat or drink on or off the premises can apply for a pavement licence.

This includes businesses such as:

• Pubs
• Cafés
• Bars
• Restaurants
• Snack bars
• Coffee shops
• Ice cream parlours
• Or other similar types of businesses

Type of furniture permitted

A pavement licence, may allow the use of the following types of furniture such as:

• Counters or stalls for selling or serving food or non-alcoholic drinks
• Tables, counters, or shelves for placing food or drink
• Chairs, benches, or other seating
• Umbrellas, barriers, heaters, and other items used to support outdoor eating and drinking, etc.

Important requirements

• All furniture must be removable - this means it should not be permanently fixed and must be easy to move and store overnight.
• Furniture must be fit for purpose, designed for commercial outdoor use, and meet relevant British Standards (BS).
• It must be kept in good condition - damaged or faded items should be replaced.
• The style of furniture should be appropriate for the local area and not look out of place.

Times of operation

Businesses can only place tables and chairs on the pavement while they are open. Even then, there are time limits:

• Friday and Saturday: between 08:00 and 23:00
• Sunday to Thursday: between 08:00 and 22:30

The Council may set shorter operating hours if needed - for example, due to local concerns or planned changes in the area.

Application and determination of pavement licences

Applications

The following will be required to be submitted with the application:

• a completed application form
• the required fee
• a plan showing the location of the premises shown by a red line, so the application site can be clearly identified
• a clear plan showing the area of the highway the application is requesting to have licensed, with measurements clearly shown. The plan must show the positions and number of the proposed tables and chairs, together with any other items that they wish to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area.
• the proposed days of the week on which, and the times of day between which, it is proposed to put furniture on the highway,
• where the proposed licenced area falls wholly or partly in front of another premises, written agreement from the owner or occupier of the premises must be provided;
• photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied;
• (if applicable) reference of an existing tables and chairs licence application currently under consideration by the Council;
• 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 £5 million, and
• any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied.

The Council is required by law to consult with the Highways Authority. In addition, to ensure that there are not detrimental effects to the application the Council will consult with other relevant groups of bodies, the full list is here:-

• Norfolk County Council Highways
• Norfolk Constabulary
• Inclusive Norwich
• Norwich City Council Environmental Protection Team
• Norwich City Council Food and Safety Team
• Norwich City Council Environmental Services
• Norwich City Council Street Trading
• Norwich City Council Planning Team
• Any other relevant authority
• Residents and Councillors

Members of the public and others listed above can contact the Council to make representations, either in support of the application or to object to it.

The Council will publish details of the application on its website at www.norwich.gov.uk.

The Council must consider representations received during the public consultation period and when determining the application.

Fees

A fee is payable for both new applications and renewals as follows:

• New application: £500
• Renewal application: £350

The renewal fee is payable every two years to maintain the licence.

Details of the applicable fees are provided within the online application system and are published on the Council's website.

Fees may be reviewed and amended from time to time, with any changes published on the Council's website.

Insurance

If you’re applying for a pavement licence, you must have public liability insurance of at least £5 million to cover any single incident. This insurance protects against claims for injury, damage, or loss that might happen because of the furniture placed on the pavement.

Before your licence can be issued, you’ll need to provide a copy of your insurance to Norwich City Council.

Litter

If you have a pavement licence, you must keep the area around your tables and chairs clean and tidy. This means:

• Rubbish and litter must be collected at least once every hour, or more often if required.
• Do not use public litter bins for business waste. All rubbish must go into your commercial (trade) waste bins.
• Clear tables as soon as possible after customers leave, to help prevent litter from being left on the pavement.

Site notice

When you apply for a pavement licence, you must put up a notice at your premises on the same day you submit your application. This notice must:

• Be easy to see and read for people passing by, even if they’re not entering your premises.
• Be securely fixed so it stays in place for the entire public consultation period.

You also need to provide evidence to Norwich City Council that the notice has been displayed correctly.

This helps make sure the public is aware of your application and has a chance to comment.

The Site notice must:-

• state that the application has been made and the date on which it was made;
• state the statutory provisions under which the application is made;
• state the address of the premises and name of the business;
• describe the proposed use of the furniture;
• indicate that representations relating to the application may be made to the Council during the public consultation period and when that period comes to an end;
• state the Council’s website where the application and any accompanying material can be viewed during the consultation period;
• state the address to which representations should be sent during the consultation period; and
• the end date of the consultation (14 days starting the day after the application is submitted to the Council).

A template Site Notice is shown as Appendix 1.

Site assessment

The following matters will be used by the Council and consultees in considering the suitability of the proposed application:

• whether the licenced area sought is a highway of the status where a pavement licence could be lawfully granted, i.e. a highway to which part 7A of the Highways Act 1980 applies;
• public health and safety – for example, ensuring any reasonable crowd management measures needed as a result of a licence being granted;
• crime and disorder – will the proposed use have an impact on the likelihood of crime and/or disorder occurring;
• public amenity – will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter; and
• accessibility – taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users, taking account of:
• any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles;
• whether there are other permanent street furniture or structures in place on the footway that already reduce access;
• the impact on any neighbouring premises
• the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 4.2of the DfT best practice guidance Inclusive Mobility, which states that the absolute minimum is 1000mm, but 1500mm is the recommended minimum, and
• other users of the space, for example if there are high levels of pedestrian or cycle movements.

Applicants are strongly encouraged to talk to neighbouring businesses, residents and occupiers prior to applying to the Council, and so take any issues around noise and nuisance into consideration as part of the proposal.

Determination

When you apply for a pavement licence, Norwich City Council follows a 28-day process:

• The first 14 calendar days are for public consultation, where people can give feedback on your application.
• The next 14 calendar days are for the Council to make a decision.

Public holidays are not included in this timeline.

If the Council didn’t make a decision within the 14-day determination period, your licence will be automatically granted. However, it will still be subject to any local conditions that were published before you submitted your application.

When considering applications, the Council will have regard to:

• the Act
• any supporting regulations
• guidance issued by the Home Office
• this Statement of Licensing Policy
• any objections made
• the Human Rights Act 1998
• the Equality Act 2010
• any other relevant legislation or guidance

Everyone has the right to apply for a pavement licence, and each application will be considered fairly on its own merits.

This policy does not take away anyone’s right to object to an application, as long as they are allowed to do so under the law.

When determining applications, the Council will take account of any comments or representations made by:

• Norfolk County Council Highways
• Norfolk Constabulary
• Inclusive Norwich
• Norwich City Council Environmental Protection Team
• Norwich City Council Food and Safety Team
• Norwich City Council Environmental Services
• Norwich City Council Street Trading Team
• Norwich City Council Planning Team
• Any other relevant authority
• Residents and Councillors

The Council reserves the right to consult any other body that it considers appropriate.

In considering licensing decisions the Council will be mindful of the public sector equality duty under the Equality Act 2010. Decisions will be taken with due regard to the need to:

• Eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by or under the Equality Act 2010.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.

If the Council determines the application before the end of the determination period, the Council can:

• 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,
• impose conditions, or
• refuse the application.

If the Council does not determine the application within the 14-day period, the application will be deemed to have been granted.

Approval of applications

If your application meets the Council’s guidelines, it may be approved. When a licence is granted, it will include:

• Conditions you must follow.
• Specific terms, such as:
  • The days and times you’re allowed to place tables and chairs outside.
  • The appearance and location of the furniture, based on your application.

The Council has a set of standard conditions that apply to all pavement licences (see Appendix 2). In some cases, extra conditions may be added if needed.

Permitted trading hours

Licences will allow trading during the following times:

• Friday and Saturday: 08:00 to 23:00
• Sunday to Thursday: 08:00 to 22:30

However, the Council may set shorter hours if it considers it appropriate for a particular location or situation.

Licence duration

Pavement licences in Norwich are usually granted for the maximum period of two years, in line with government guidance. This applies to both new applications and renewals (once an existing annual licence expires).

However, in some cases, the Council may issue a licence for a shorter period—for example, if there are plans to change how the road or pavement space will be used in the future or concerns about nuisance.

Refusal of applications

If the site is deemed unsuitable for a Pavement licence, or if relevant representations are made which cannot be mitigated by conditions then the application may be refused.

Conditions

Norwich City Council has a set of standard conditions that apply to all pavement licences. These are listed in Appendix 2 of the Council’s policy.

In some cases, the Council may require additional conditions depending on the specific location or circumstances of your application. These are decided case by case during the assessment process.

If the Council sets a local condition that covers the same issue as a national condition, the local condition will take priority—but only if there’s a good reason for doing so.

However, one condition always applies and cannot be overridden:

• The statutory no-obstruction condition; which ensures that furniture placed on the pavement does not block access for pedestrians, including those with disabilities.

Enforcement

Norwich City Council works closely with other enforcement agencies to make sure all relevant laws are followed. It’s important to know that blocking the highway is still an offence under the Highways Act 1980 and may be dealt with by the Highways Authority or the Police.

Getting a pavement licence does not exempt you from other legal responsibilities. You must make sure you have all the necessary permissions in place before applying, including:

• Public liability insurance
• Health and safety compliance
• Food hygiene and safety registration
• Alcohol and entertainment licences (if applicable)

If you break a condition of your licence—whether it’s set by the Council or part of national rules—the Council can:

• Issue a notice requiring you to fix the issue
• Take action themselves to resolve it
• Recover the costs from you for doing so

The Council may revoke a licence in the following circumstances:

1. For breach of condition, (whether or not a remediation notice has been issued) or
2. Where:
   
   1. There are risks to public health
   2. the highway is being obstructed (other than by anything permitted by the licence);
   3. there is anti-social behaviour or public nuisance;
   4. it comes to light that the applicant provided false or misleading statements in their application;
   5. the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.
3. The Council may also revoke the licence where all or any part of the area of the relevant highway to which the licence relates has become unsuitable for any purpose for which the licence was granted or deemed to be granted. For example, the licensed area (or road adjacent) is no longer to be pedestrianised. The Council will give reasons where these powers are used.

Delegation of authority

Determination of an application

After the 14-day public consultation period ends, if there are no objections or concerns, your application will be reviewed and decided by a member of the Regulatory Services Team within the next 14 days.

If there are objections or concerns, the application will still be decided by an officer from the Regulatory Services Team—but they will first consult with the Head of Planning and Regulatory Services.

Licence enforcement

If there are issues with how a pavement licence is being used, the Council may take action.

If the problem can be fixed, the Council may issue a remediation notice asking the licence holder to correct the issue. This decision will be made by a Council officer.

If the issue is more serious and the licence needs to be revoked, the decision will be made by an officer from the Regulatory Services Team, but only after consulting with the Head of Planning and Regulatory Services.

Furniture removal

If a business puts tables, chairs, or other furniture on a public pavement or pedestrian area without a valid pavement licence, the Council can issue a formal notice.

This notice will:

• Require the business to remove the furniture by a specific date.
• Instruct the business to stop placing furniture on the highway unless they apply for and are granted a licence.

This helps ensure public spaces remain safe, accessible, and properly managed.

If a business continues to place furniture on the pavement after being told to remove it, the Council may:

• Remove and store the furniture.
• Charge the business for the cost of removing and storing it.
• Refuse to return the furniture until those costs are paid.

If the costs are not paid within 3 months, the Council can sell or dispose of the furniture, and keep the proceeds.

Appeals

There is no statutory appeal process for these decisions. Instead, where an application is refused then the applicant will be entitled to appeal against the refusal decision to the Head of Planning and Regulatory Services.

Policy review procedures

This Policy covers the Permission for Pavement Licences under the Business and Planning Act.

The Policy will be reviewed when deemed necessary by the Council or should changes occur in relevant legislation.

Appendix 1

Notice of application for a Pavement Licence Business and Planning Act 2020

Policy

Title: Pavement Licensing Policy  

Owner: Regulatory Services Manager

Approval level: Cabinet

Version: v1.0

Published date: 16th October 2026

Review period: As required by changes in legislation

Review date: June 2031

Relevant legislation or regulation

Levelling Up and Regeneration Act 2023

Version control

Date	Version number	Reason	Author
November 2025	V1.0	Updated legislation	Vicki Hopps
October 2026	V1.1	Finalised for publication	Annmarie O’Toole

 

 

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