Pavement licences

A pavement licence is a licence granted by the local authority, or deemed to have been granted, which allows the licence-holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.

The Business and Planning Act 2020 came into force on the 22 July 2020, which introduced temporary provisions streamlining the process for the application and issue of these licences. These provisions were made permanent under the Levelling Up and Regeneration Act 2023 as from 31 March 2024, with a number of changes. The main changes are the extension of the Consultation and Determination periods, the maximum duration of a licence, the power to attach reasonable conditions to a licence, and the transfer of Enforcement responsibilities to the Local Authority. Fees are also to be set locally.

The authority is currently in the process of drafting the new policy and determining fees; whilst this process is underway, the pavement licence application fee remains at £100.

Amber Valley Borough Council will consider your application for a pavement licence in accordance with the terms and conditions.

Prior to completing the application form, please note the following important information:

• Important - a pavement licence is only required if you are intending to sell food or drink or provide facilities (e.g. tables and chairs) for consuming food or drink on a public highway.
• The licence can operate between the hours of 9:00am and 11:00pm. Further restrictions on operating hours may be applicable at some locations and you will be advised if these restrictions apply at your location.
• The applicant shall have public liability insurance in the sum of at least £5 million.
• The licence shall run for a specified period up to a maximum of 2 years. The application can be made for a shorter period if the applicant so wishes. Where appropriate the Authority may issue a licence for a shorter duration; however, the expectation is that the licence will run for 2 years.
• The local authority has a minimum of 28 days from the day after the receipt of a valid application to consult on and determine the application. This is made up of a 14-day consultation period followed by a 14-day determination period (excluding public holidays).

The application process is accessed by using our online application form.

Official government guidance which can be viewed at www.gov.uk/government/publications/pavement-licences-draft-guidance/draft-guidance-pavement-licences-outdoor-seating-proposal.

Contact the team directly on 01773 570222 or email licensing@ambervalley.gov.uk