Last updated: 31 July 2020
The recent Government announcements and follow up Planning Business Act 2020 has made it much quicker and cost effective for businesses to apply to put removable tables and chairs out on the highway and undertake the application process to receive permission to do so.
So there are now two ways in which to apply for permission to put tables and chairs out on the highway:
- Pavement Licences under the Planning and Business Act 2020
- Tables and Chairs Consent under the Highways Act 1980.
Details on Tables and Chairs Consent
New pavement licenses are valid until the 30 September 2021, after which the existing tables and chairs consent returns to being the only route of applying.
Pavement licences will automatically be granted until 30th September 2021 unless requested otherwise. The minimum length of time is three months.
A fee of £100 is payable.
The following businesses are eligible to apply for a pavement licence:
- Snack bars
- Coffee shops
- Ice cream parlours
What’s the process and what happens?
There are several key and legally required stages to the application and decision process, as per below.
Please complete our application form and submit the relevant background information, so it can fully reviewed. Our team will also visit the site to review the suitability of the proposal and ensure its viability.
Table and chairs application form
Please read the below guidance when applying:
- Submit a clear and legible highway plan with dimensions of the relevant area and showing a clear 1.8m space to allow pedestrians to pass any tables and chairs area
- Please also show any nearby street furniture, cabinets, streetlighting
- This should include clearly labelled smoking and non-smoking sections in 50% of the proposed area
- Businesses must submit evidence of £5m public liability insurance, which covers the additional seating area
- Submit the premises Covid secure risk assessment, which should include any outdoor seating areas
- Tables and Chairs areas need to allow for customers to be able to adhere to social distancing guidance, please show this on the highway plan
- Details of any furniture proposed, so the type and number of any items and layout proposed
- Please ensure there are no standing drinking areas, customers must be seated
- Specify that the purpose of the tables and chairs and other furniture will be to sell or consume food or drink
- Specify the days of the week and the hours of each day that you intend to use the highway (pavement licences will only be granted for use between 8am and 11pm)
- Specify the date of application
Conditions and Requirements
Please carefully read our set of local conditions, which also include national conditions, ensuring accessibility for all, COVID-19 related guidance and enabling a smoke free area within the tables and chairs area. These outline the requirements and responsibilities for an applicant as well as outlining the potential reasons permission can be revoked or enforcement action can be taken by the relevant city council departments.
Pavement Licence conditions
Consultation & advertising application
The consultation and decision period for pavement licences are now 14 days overall.
Premises applying must display a notice of their application and a plan of the proposed area in clear view at the premises window, the day the application is submitted, with the consultation period running for seven days starting from the next working day after the application is made.
Notice of application form
Please amend to your own premises details, application details and plan.
The consultation process is the legally required means for the public and stakeholders to object where necessary to proposals.
Applications are also advertised publicly on the Southampton City Council website and objections can be made by email: firstname.lastname@example.org
Permission granted or declined
Once the consultation period is over, a seven-day decision period is started to allow for the review of any objections and a decision is made to either grant or refuse the request; the city council will notify the applicant as soon as possible after the 7-day consultation period of the outcome. Should no decision be made in that seven-day period, the licence is considered granted.
This website will list all the properties who have been granted a pavement licence.