Apply for a Pavement Licence
The Business and Planning Act 2020 passed the responsibility for issuing Pavement Licences to Thanet District Council on a temporary basis until March 2025. This has now been made permanent by the Levelling Up and Regeneration Act 2023.
Your licence will be issued for two years with renewal required after 2 years. It is the responsibility of the licence holder to apply for a renewal.
If you wish to place tables and chairs on the pavement you will need to apply for a Pavement Licence, unless the land is private then you will need to gain the permission of the landowner/landlord.
If the land is TDC owned ie parks, promenades, harbour etc then you will need to contact our Estates department for permission, do not apply for a pavement licence.
The fee for a pavement licence is now £250 for two years and then £150 at renewal which will also be for 2 years.
What does this mean for your business?
You must apply for a pavement licence if you place any furniture, as detailed below, on the pavement outside of your premises if the land does not belong to the premises.
A licence permits a business to use furniture placed on the highway (pavement) to sell or serve food or drink and/or allow it to be used by people for consumption of food and drink supplied from, or in connection with the use of the premises.
The furniture that may be placed on the pavement includes:
- Counters or stalls for selling or serving food and drink
- Tables, counters or shelves on which food or drink can be placed
- Chairs, benches or other forms of seating: and
- Umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.
The furniture is required to be removable and related to the serving, sale and consumption of food and drink. Removable means it is not a permanent fixed structure, and is able to be moved easily, and stored away at night.
Furniture that is not removable is not permitted under a pavement licence.
Non Removable Furniture and Advertising Boards
Applicants that wish to place non-removable furniture onto the highway must apply for permission under the Highways Act 1890 from KCC.
Advertising boards are not included in the definition of furniture within the pavement licensing regime. As well as needing consent under the Highways Act 1980, advertising boards also require express advertising consent under the Town and Country Planning Regulations 2007
KCC Highways
TDC Planning
https://www.thanet.gov.uk/services/planning-and-land/
Enforcement
In cases where furniture which would normally be permitted by a pavement or other licence has been place on a relevant highway (pavement) without the required licence, local authorities can give notice requiring the business to remove the furniture before a date specified and to refrain from putting furniture on the highway unless they gain a licence.
If furniture continues to be placed on the highway, in violation of the notice, the authority may remove and store the furniture, recover the costs from the business for the removal and storage of the furniture and refuse to return the furniture until those costs have been paid. If within 3 months of the notice, the costs are not paid, the authority can dispose of the furniture by sale or other means and retain the proceeds.
Apply here for a pavement licence
If you do not currently have a licence from ourselves then any tables and chairs should be removed until your application is approved.
As part of the application, you are required to complete and display a site notice advertising your application. You should display the notice on your premise from the day after you submit your completed application, including payment of the fee, and for the next fourteen days.
During this period we will also consult with various departments and bodies, including the police, KCC Highways etc. Once the 14 days are up we then have 14 days to approve or reject the application. There is no statutory appeal process against a decision to refuse an application, however Thanet will have an internal review system via our Licensing Sub-Committee.
Apply for or renew a pavement licence
Before making your application please ensure you have read the following:
- https://www.gov.uk/government/publications/pavement-licences-guidance
- Pavement Licence Conditions – your application MUST comply with these conditions. These are local, KCC and national conditions.
- Application Guidance Notes – this details which documents you need to submit when completing your application. These documents MUST be uploaded when you fill in your application online so please make sure you have them all ready to attach, the application cannot be completed without these documents.
The licence fee is £250 which must be paid online. This fee is non refundable. If you wish to have the application in another format ie Word please contact licensing@thanet.gov.uk