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Pavement licence

There's a new way for businesses like cafes, restaurants and bars to get a licence to place furniture on the highway.

Last updated: 18 April 2024

Next review: 25 March 2025

In July 2020, as part of a wide range of measures, the Government introduced through the Business and Planning Act 2020 a Fast Track process to allow businesses selling food or drink to obtain authorisation from the Local Authority for the placement of furniture such as tables and chairs on a highway adjacent to their premises a “Pavement Licence”.

This introduces a streamlined route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will support them to operate safely while social distancing measures remain in place.

The expiry date of the licence has been extended to 30 September 2023 under the Business and Planning Act 2020 (Pavement Licences).

After this time the premises will no longer be able to use the licence to trade on the pavement and will need to apply for a shop front trading licence if they wish to continue trading on the public highway.”

If you have a private forecourt a Pavement Licence may not be required, however, you will need to email street.trading@walthamforest.gov.uk to check.

How much do applications cost?

A pavement licence costs £100.

How to apply

  1. Use our online form to apply for a pavement licence 
  2. Provide all required supporting information. See required supporting information section below.
Apply for a pavement licence

Note: If you are a public limited company or chain wishing to apply for a pavement licence, the manager of each individual premises must apply. Pavement licences can only be issued to an individual, not a business name.

Application documents

Required supporting information

You must provide all of the following with your application:

1. a copy of one of these documents as proof of identity:

  • copy of your passport
  • current full UK/EU photocard driving licence
  • a copy of one of the documents below as proof of home address:
  • recent utility bill dated within the last 3 months (eg gas, phone, water, electricity, council tax). Mobile phone bills are not accepted
  • bank statement (dated within the last 3 months)
  • credit card statement (dated within the last 3 months)

2. a passport style photo to be used on the licence

3. a copy of one of the following as proof of personal address:

  • recent utility bill dated within the last 3 months (eg gas, phone, water, electricity, council tax). Mobile phone bills are not accepted
  • bank statement (dated within the last 3 months)
  • credit card statement (dated within the last 3 months)

4. proof of your premises public liability insurance cover (minimum £5M cover)

5. a copy of your completed notice of application

6. a scale drawing of seating plan showing: 

  • front of the premises
  • pavement
  • road
  • plus location and number of tables and chairs
  • measurements of length and width of space requested
  • measurement from edge of requested space to the edge of the pavement
  • indicate on plan if there is any street furniture such as bins, cycle racks or lampposts, etc

7. evidence of payment of the £100 fee.

After you apply

Consultation

A 5 day consultation period will commence (excluding public holidays and weekends) beginning the day after you submit your application, subject to all required documentation are correct, during which time the public will be able to make representations regarding your application.

The Council will consult with key stakeholders as well as anyone else they consider appropriate. This could potentially include planning, environmental health, local police and fire and rescue service and the relevant Ward members.

Determination

Following the consultation period, the Council will have 5 days (excluding public holidays and weekends) to make a determination on your application.
If the Council has not made a decision within this time, the licence will be deemed to be granted until 30 September 2023.

Decision

Following the 5 days (excluding public holidays and weekends) determination period the council will need to either: 

  • 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. 

Pending pavement licences: open to public consultation

The following pavement licences are open to public consultation:

Kayra Bistro

130-132 Wood Street, Walthamstow, E17 3HX

Approved pavement licences

The following pavement licences have been granted:

Aroma

8 to 9 Albert Crescent, Chingford, E4 6SH

Bims

6 High Street, Walthamstow, London, E17 7LD

Khan G Kebabish 

341 Lea Bridge Road E10 7LA

Consultation ending 13 October 2023

The Castle Public House

15 Grosvenor Rise East, Walthamstow, E17 9LB

Clapton Craft Depot

147 - 150 Wood Street, London, E17 3LX

Coco Cafe LTD

410 Hale End Road, Chingford E4 9PB

Coppermill Pub

205 Coppermill Lane, Walthamstow, E17 7HF

Costa Coffee 

45 to 47 Station Road, North Chingford, London, E4 7BJ

East of Eden

14 Hatherley Mews E17 4QP

Eat17

28 to 30 Orford Road, Walthamstow, E17 9NJ

Eat O Drink

591 High Road Leytonstone, Leytonstone, E11 4PA

Express Food Centre

421 to 427 High Road Leytonstone, Leytonstone, E11 4JU 

The Front Room

122 to 124 Station Road, E4 6AB

Froth and Rind

37 Orford Road, Walthamstow, E17 9NL

Joyau

Arch 353 Winchelsea Road, Forest Gate, E7 0AQ

Jaunty Coffee

147 Forest Road, Walthamstow, E17 

Jerk Fusion

4 High St, Walthamstow, London E17 7LD

Kitchen

41 Orford Road, Walthamstow, E17 9NL

KFC

283 High Road Leyton, London, E10 5QN

Laws the Bakers Ltd

46 Hatch Lane, Chingford, E4 6LQ

L'hirondelle Kitchen Ltd

228 High Street, London E17 7JH

Made in Portugal

171 Shernhall Street Walthamstow E17 9HX

Magazin 2 Culturi 

218 High Road, Leyton, E10 5PS

Marmelo

169 Francis Road, London, E10 6NT

Mego Coffee House

215 High Street, Walthamstow, E17 7BH

Mood Lift Cafe 

7 The Avenue, Chingford, E4

Mora Restaurant

487 High Road Leytonstone, E11 4PG

Orford Saloon

32-34 Orford Road, Walthamstow, E17 9NJ

Pinch La Deli

Ground Floor, 312 Lea Bridge Road, Leyton, E10 7LD

Queens Arms

42 Orford Road, Walthamstow, E17 9NJ

Raya 

224 High Street, Walthamstow, E17 7JH

RnR Lounge

221 to 223 Chingford Mount Road, E4 8LP

Samis Bar & Grill

32 Church Lane, Leytonstone, Leytonstone, E11 1HG

Consultation ending 17 October 2023

San Marino Cafe

668 High Road Leytonstone, E11 3AA

Station Cafe

67 Station Road, Chingford, E4 7BU

Station cafe & sandwich bar

1 The Avenue, Chingford, E4 9LB

The Olive Restaurant

25 to 27 Kirkdale Road, Leytonstone E11 1HP

Today Bread

6 to 10 Central Parade, 137 Hoe Street, Walthamstow,E17 4RT

Tonkotsu 

202 Hoe Street, E17, 4BS

Wake Cup

52 to 54 Station Road, Chingford, E4 7BE

Weirdough Bakery

2 Station Road, London E17 8AA

Wild Goose Bakery

654-656 High Road Leytonstone, London, E11 3AA

Wood Street Cafe

53 Wood Street, Walthamstow, E17 3JX

Yardarm 

238 to 240 Francis Road, Leyton, London, E10 6NQ

Enforcement 

If a condition imposed on a licence (either by the local authority) or nationally is breached, the local authority will be able to issue a notice requiring the breach to be remedied and the authority can take action to cover any costs.

The authority 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:
  • there are risks to public health or safety.  For example by encouraging users to breach government guidance on social distancing by placing tables and chairs too close together or where it comes to light that there are significant security risks which have not been sufficiently considered, or addressed in a proportionate fashion (this should be reassessed as necessary, particularly in the event of changes to the terrorism threat level);
  • this use of the highway is causing an unacceptable obstruction, breaching the non obstruction condition. For example, the arrangement of street furniture prevents disabled people, older people or a wheelchair users to pass along the highway or have normal access to the premises along side the highway.
  • the use is causing anti social behaviour or public nuisance. For example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up;
  • it comes to light that the applicant provided false or misleading statements in their application. For example they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed; or
  • the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.
  1. The local authority 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. It is good practice for local authorities to give reasons where these powers are used.

Frequently asked questions

Who can apply for a Pavement Licence?  

Businesses or premises can apply for a Pavement Licence to permit the use of furniture to place on the highway directly adjacent to their premises to be used for the sale of food and drink or consumption of food or drink.   Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours

I already have a Tables and Chairs Consent; do I need to reapply?  

 If you currently have a Pavement Licence to place tables and chairs on the highway you do not need to reapply.   If you have an application pending, you can continue with that current application or you can withdraw your application and reapply for a pavement licence and you will not be charged the application fee but you will not receive a full refund on the application fee already paid.  If you currently have consent for tables and chairs under a Street Trading Licence you may be able to change to a Pavement Licence.  

Do I have to apply for a Pavement Licence?  

No, you can still apply under the existing Tables and Chairs application process or under Street Trading if the Pavement Licence is not suitable for your business model.  

Where can I apply for a Pavement Licence?  

You will need to apply to the Local Authority where your business is situated for a Pavement Licence

How do I apply for a Pavement Licence?  

You can apply for a pavement license by completing the online application form. The application must be completed online.  

What information do I need to provide?  

You will need to ensure that you provide the following information as part of your application form:  

  • Name of the premises  
  • The part of highway to be used (You will need to include a plan of the location including measurements showing the tables and chairs and any other structures in situ including street furniture)  
  • Proposed use of the area e.g. selling food or drink / consumption of food or drink
  • Days of the week and hours the area is to be used
  • Details of Furniture  
  • Date application made  
  • Copy of Public Liability Insurance with £5m cover  

Any incomplete applications will be rejected.  

How much will this application cost me?  

The application fee is £100.

How long before I get my licence?  

 Once the information is submitted to the local authority, the authority has 10 working days from the day after the application is made (excluding public holidays and weekends) to consult on, and determine the application. This consists of 5 working days for public consultation, and then 5 working days to consider and determine the application after the consultation.

If the local authority does not determine the application within the 10 working day period, the application will be deemed to have been granted.

What if people object to my licence?  

The Licensing Authority will consider all objections on their merits. If deemed necessary your application may need to be modified to address the concerns which objectors have raised or in some cases, reject the application as applied for.  

How long will the licence be valid for?  

Currently licences are granted until 30th September 2021. However, this period may be extended. If this is the case licence holders will be contacted and advised accordingly

What if my application is refused?  

If your application is refused, the reasons for this will be set out in the decision letter sent you.

What should I consider when making an application?

When considering any application, the Licensing Authority will have regard to the following:  

  • That the national conditions and local condition will be met by the proposals made by the applicant.
  • Will not cause obstruction or any other unmitigated risk to highway users
  • Public Health and Safety issues (e.g. Ensuring that users conform with the latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening)
  • Public Amenities: will the proposal use create nuisance to neighbouring occupiers by generating anti‐social behaviour and litter.   
  • 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 recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people  
    • Other users of the space, for example if there are high levels of pedestrian or cycle movements. As an applicant you may want to think about how you would mitigate any issues that might arise out of the above considerations.  

Can I appeal the decision of the Licensing Authority?  

There is no right of appeal.   You can resubmit your application taking into account the considerations and reason the application was rejected and propose additional mitigations measures if appropriate.  

Do I need to display my licence?  

Please ensure that should a Police officer or Council Licensing Enforcement Officer ask to see a copy of your license that you do so upon request and so always keep a copy on the premises.   

Can I leave my furniture overnight on the Highway?  

All furniture Licensed under a Pavement Licence must be removable and cannot be kept on the highway overnight or while your business/premises is not trading.  

Can the Licensing Authority revoke my licence?  

Yes, the Licensing Authority can revoke a Pavement Licence should the premises or if you:  

  • Breach the licence conditions  
  • The Highway is being obstructed  
  • Anti‐social behaviour or public nuisance is being caused.  
  • Applicant makes a false or misleading statement at the time of making the application
  • Applicant did not display the consultation notice.   

I don’t understand how to proceed, who do I contact?  

Please contact the Licensing Authority – street.trading@walthamforest.gov.uk  

Help with completing online forms

For those without computers, you can use a self-service PC in any Waltham Forest Library

Staff there can help you to log in and create a MyAccount.