The licence controls the permitted area, furniture and conditions. It is not a general permission for fixed structures, advertising boards or alcohol sales. [1]
Which businesses and furniture qualify?
The route covers qualifying premises selling food or drink for consumption on or off the premises, including some businesses where that sale is ancillary. It concerns furniture such as tables, chairs and suitable associated items that can be removed. The proposed location must fall within the highway arrangements covered by the legislation. [1]
Do not assume that owning or renting the shop gives a right to occupy the pavement outside it. Conversely, genuinely private land may need a different assessment rather than this particular highway licence. Establish the boundary and status of the seating area first. [1]
The permanent arrangements took effect on 31 March 2024. Advice written for the earlier temporary scheme can contain different fees or dates and should not be used without checking. [1]
Fees and licence duration
The national maximum application fee is £500 for a new licence and £350 for a renewal; the council sets the actual charge within those limits. The current maximum duration is two years, although a council can issue a shorter licence where appropriate. These are statutory licensing figures, not Kompas charges. [1]
The government's Licensing Taskforce response proposes further reform, including licences lasting at least two years. That proposed minimum must not be confused with the current maximum. The proposal does not automatically extend an existing licence. [2]
The application and decision process
Prepare a plan identifying the proposed area, dimensions, furniture layout and space retained for pedestrians. State the proposed days and hours and provide the other information required by the council. A site notice must be displayed in accordance with the process. [1]
The current procedure has a 14-day consultation period followed by a 14-day determination period, excluding public holidays from these periods. The guidance provides for a deemed grant where the authority does not determine a valid application in time. A deemed licence still carries relevant conditions; it is not an unrestricted right to occupy the highway. [1]
Before relying on a deemed grant, establish that the application was valid, the notice requirements were met and the periods have been calculated correctly. Keep the submitted plan and proof of the notice with the application record. [1]
Access, smoking and daily management
The national conditions include avoiding obstruction and making reasonable provision for smoke-free seating. The council can impose additional local conditions. The layout needs to work for disabled people and other pedestrians, not only when the tables are empty. [1]
Plan how furniture will be managed, kept within the approved area and removed or stored as required. Do not add extra tables simply because space appears available on a quiet day. [1]
What else must be checked?
The legislation provides deemed planning permission for qualifying activities carried out under the licence while it remains valid. That does not approve unrelated permanent works or extend alcohol permissions. Check the premises licence and any other relevant approvals before operating the seating area. [1][3]