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Pavement licences: tables and chairs outside ​

A few tables on the pavement can add covers on every sunny day, but the pavement is a public highway, so in England you need your council’s permission first: a pavement licence. The process is quick, with fixed timings and a cap on what the council can charge, and the scheme has been permanent since 31 March 2024. This guide covers England. Wales, Scotland and Northern Ireland have their own rules (Northern Ireland, for example, has pavement café licences): ask your council.

Who can apply, and for what ​

Any business that sells food or drink, to eat or drink on the premises or to take away, can apply. That covers restaurants, cafés, pubs, bars and takeaways. Businesses that do not sell food or drink cannot.

The licence covers furniture you can move and store away at night:

  • tables, counters or shelves for food and drink;
  • chairs, benches and other seating;
  • counters or stalls for selling or serving food or drink;
  • umbrellas, barriers, heaters and similar things used for eating and drinking outside.

It does not cover anything fixed in place, and A-boards are not part of it.

What it does not replace. A pavement licence is only about using the highway. You still need a premises licence to sell alcohol, including to people sitting outside, and you still need to be registered as a food business. See our alcohol licence guide and our guide to opening a takeaway. Once the licence is granted you also get planning permission for the furniture automatically.

Applying: fees and timings ​

  • Fee: set by your council, up to £500 for a first application and £350 for a renewal.
  • The application says which part of the pavement you want, the days and hours the furniture will be out and what kind of furniture it is, with evidence of public liability insurance and anything else the council asks for.
  • A notice at the premises: on the day you apply, fix a notice of the application to the premises where people passing can read it, and keep it up until the consultation ends.
  • Consultation: 14 days, starting the day after you apply. Christmas Day, Good Friday and bank holidays do not count.
  • Decision: 14 days after the consultation ends.
  • No answer in time? The licence is granted automatically for two years, subject to the standard conditions and any local conditions the council has published.
  • How long it lasts: up to two years, set by the council. The government’s guidance expects councils to grant the full two years unless there is a good reason not to.
  • If you are refused, there is no statutory appeal.

In June 2026 the government said it plans to allow longer licences and to consult on a minimum length. Nothing has changed in law yet.

The conditions you must keep to ​

Two conditions apply to every licence, whether or not the council writes them down:

  • Do not block the pavement. People must still be able to walk past and get into the buildings next to yours. The guidance says that normally a clear route of 2,000 mm should be left, and 1,500 mm is the least that is acceptable in most places. Your council may ask for more on a busy street.
  • Smoke-free seating. You must make reasonable provision for seating where smoking is not allowed. The guidance asks for at least 2 metres between smoking and non-smoking areas where possible, and no ashtrays on smoke-free tables.

Councils can add their own reasonable conditions, whether or not they publish them in advance. Light plastic furniture can be refused unless it is kept in place. Before you apply, the guidance encourages you to talk to your neighbours about noise and access.

If something goes wrong ​

  • Breaking a condition: the council can serve a notice telling you what to put right. If you do not, it can do it itself and charge you, or revoke the licence.
  • Other reasons to revoke include the pavement becoming unsuitable, a risk to public health or safety, anti-social behaviour or nuisance, or something false in the application.
  • Furniture out without a licence: the council can tell you to remove it by a set date. If you do not, it can remove and store it and recover the cost, and if the cost is not paid within three months, it can sell the furniture.

A short checklist ​

  • Check your council’s pavement licence page: the fee, its local conditions and what it wants with the application.
  • Measure the clear route you will leave: 2,000 mm normally, 1,500 mm at least.
  • Plan smoke-free seating, at least 2 metres from smokers where possible.
  • Put the notice up the day you apply and leave it up for the 14 days.
  • Make sure your premises licence covers alcohol served outside, if you serve it.
  • Diary the end date: the licence lasts up to two years.

How this works in Yumee POS ​

Outside tables can be set up as their own room on the floor plan, next to the dining room, so staff take orders and payments for them like any other table.

Sources ​

This guide is general information, not legal advice. For your own premises, ask your council’s licensing or highways team.