Pavement licences
Background
The Business and Planning Act 2020 received Royal Assent on 22nd July 2020 and came into effect immediately.
The legislation was originally passed to promote economic recovery and growth in response to the economic impacts of the global Covid-19 pandemic. The Act created a licensing regime for the issuing of “pavement licences” by appropriate local authorities that was originally going to in place temporarily. The six district Councils in Worcestershire each became the appropriate local authority for issuing pavement licences in their administrative areas.
This new process introduced a more streamlined route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. The temporary licensing regime was originally only planned to be in place until 30 September 2021 but was subsequently extended on three separate occasions.
On 31st March 2024, as a result of provisions contained in the Levelling Up and Regeneration Act 2023, the pavement licensing provisions in the Business and Planning Act 2020 became permanent. The permanent licensing regime is largely the same as the temporary one implemented, but with some important changes to the provisions around consultation on applications and enforcement.
The Secretary of State has issued guidance on the pavement licensing provisions in accordance with section 8(1) of the Act.
How to apply
Worcestershire Regulatory Services administers the pavement licensing regime on behalf of the six district Council's in Worcestershire which are Bromsgrove District Council, Malvern Hills District Council, Redditch Borough Council, Worcester City Council, Wychavon District Council and Wyre Forest District Council.
When the temporary pavement licensing regime was initially brought in, each of the district Councils adopted a similar policy statement on pavement licences. These policy statements contain details of the Councils' published standard conditions for pavement licences as well as information on how people can make applications and how those applications will be dealt with.
Please note: As the pavement licensing regime has now been made permanent, these policy statements are under review and will be being updated in due course.
In the meantime the policies will still apply to applications made for pavement licences, subject to a change in the consultation and determination periods in respect of applications, which are now 14 days each instead of 7 days.
The current policy statements can be seen below:
Bromsgrove District Council Policy Statement on Pavement Licences
Malvern Hills District Council Policy Statement on Pavement Licences
Redditch Borough Council Policy Statement on Pavement Licences
Worcester City Council Policy Statement on Pavement Licences
Wychavon District Council Policy Statement on Pavement Licences
Wyre Forest District Council Policy Statement on Pavement Licences
To apply for a licence, you will need to complete the application form below:
Once completed the form must be emailed to enquiries@worcsregservices.gov.uk along with the following supporting documents:
- A plan showing the location of the premises shown by a red line, so the application site can be clearly identified
- A plan clearly showing the proposed area covered by the licence in relation to the highway, 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 items of furniture 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.
- 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,
- Photos or brochures showing the proposed type of furniture (including the means of enclosure such as barriers) and information on potential siting of it within the area applied.
- Evidence of consent from neighbouring frontage(s) to use footway space outside their property (if applicable).
You must also email proof that you have paid the required application fee of £100.
Instructions on how to make online payments to the Council in whose area you are applying for a pavement licence can be found below:
How to pay Bromsgrove District Council for a pavement licence application
How to pay Malvern Hills District Council for a pavement licence application
How to pay Redditch Borough Council for a pavement licence application
How to pay Worcester City Council for a pavement licence application
How to pay Wychavon District Council for a pavement licence application
How to pay Wyre Forest District Council for a pavement licence application
Please note that your application will not be considered complete until the application form, supporting documents and proof of payment have all been received. We urge you to send all documents attached to a single email if at all possible, so that we can deal with your application as efficiently as possible.
On the same day that you make the application, you are required to give notice of your application by fixing a notice of the application to the premises so that it is readily visible to, and can be read easily by, members of the public who are not on the premises. You also have to make sure the notice remains in place until the end of the public consultation period which means the period of 14 days beginning with the day after you make the application.
A template notice you can use for this purpose can be downloaded here: