Pavement Licence
A pavement licence is a licence granted by this local authority, allowing the licence-holder to place removable furniture over certain highways adjacent to their premises
This is a licence to place chairs/tables and other furniture on the pavement solely for the service of and consumption of food and/or drink in connection with the relevant use of the business i.e. public house, wine bar or other drinking establishment or the sale of food and or drink for consumption on or off the premises.
This is not a licence to place scaffolding or hoarding on the Highway. Apply for a scaffolding and hoarding licence.
As of 31st March 2024, The Levelling Up and Regeneration Act 2023 makes permanent the provisions originally set out in the Business and Planning Act (BPA) 2020.
This means that businesses can now apply for a pavement licence to be in place beyond 30 September 2024.
Are you interested in applying? – If so:
- view and read our eligibility criteria to ensure that you are permitted to apply
- view and read our terms and conditions to ensure that if granted, you will be able to comply with the licence.
For all Pavement Licences, the Licensing Service may consult with:
- West Mercia Police
- Highways Authority
- Shropshire Fire & Rescue
- Environmental Health (see highlighted * note below).
- Neighbourhood Enforcement
- Night-Time Economy Team
- Local Town/Parish Council.
* Whilst not part of the application process, Environmental Health may still expect applicants to have a suitable noise management plan - download the noise management plan (.docx Size: 46Kb) .
All Pavement Licence applications will be subject to a 14 day public consultation. The local authority must then determine the application within a further 14 days working days. If the local authority does not determine the application within this timescale, the application is deemed to be automatically granted. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid. The licensing authority can specify the duration of the licence, although there is an expectation that local authorities will grant licences for a period of 2 years, unless there are good reasons for granting a licence for a shorter period, such as plans for future changes in use of road space.
Please note: that any application submitted with incorrect or missing documentation will not be processed. Instead, you will be contacted by an officer and asked to re-submit the required documentation. It is also important to note that you will also be asked to remove the notice you may have displayed and re-advertise the notice when your application is deemed to be complete and when you are instructed to do so by an Officer.
All applications deemed to be served correctly will result in a site visit by an authorised officer of Telford & Wrekin Council. The officer will consider the suitability of the application and will notify the Licensing Service of any comments/representations.
If any representation is received, this will result in your application being referred to a Review Panel for final determination. Please note: that there is no appeal process against the Council's decision to refuse an application. In addition, the application fee will not be refunded.
The government has produced guidance on Pavement Licences - Download the Guidance.
Last updated : 25 July 2024
- The applicant must complete all questions on the application form.
- The premises must be adjacent to a relevant highway.
- The use of the furniture permitted in the licensed area must be solely for the service of and consumption of food and/or drink in connection with the relevant use of the business i.e. public house, wine bar or other drinking establishment or the sale of food and or drink for consumption on or off the premises.
- If alcohol is to be sold in the proposed licenced area, the applicant must have a Premises Licence in place issued under the Licensing Act 2003 which relates to specifically to that proposed licensed area.
- Along with the application form the applicant must submit a plan with the proposed licence area outlined in blue ink. The plan must show the following measurements, given in metres:
- the width of the frontage of the applicant's premises
- the distance from the frontage of the premises to the nearest edge of the proposed Licence area
- the length of each side of the proposed Licence area.
- In addition the plan must clearly identify the proposed licensed area and show the positioning of all furniture within that area. The plan must also show the proposed licence area in relation to the frontages of adjacent or nearby premises.
- The applicant must submit a copy of their Public Liability Insurance for the licenced purpose in the amount of £5 million in respect of any one incident. This insurance must indemnify Telford & Wrekin Council against all claims for injury, damage or loss to users of the public highway, arising from the use of the highway for the licenced purpose.
- The applicant must submit details of the proposed furniture with the application. Only furniture as defined in the Act will be permitted, for example:
- counters or stalls for selling or serving food or 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.
- Payment of the Pavement Licence fee.
Last updated : 4 July 2024
Business and Planning Act 2020 (Pavement Licences)
- The grant of this licence does not imply an exclusive right of use of the area of public highway. The licence holder should be aware that Telford & Wrekin Council and others (e.g. emergency services, statutory undertakers) will need access at various times (including emergencies) for maintenance, installation, special events, improvements etc. This may mean that the operations allowed under this Licence will need to cease for a period of time. Reasonable notice will be given where practicable. On such occasions Telford & Wrekin Council will not be liable, and will not compensate the Licence holder, for any losses what so ever.
- This licence is issued under the Business and Planning Act 2020 (The Act) by Telford & Wrekin Council for the period stated on the licence to the licence holder to place furniture as defined by the Act for the sole purpose of the serving of and consumption of refreshments such as food and/or drink”) on an area of public highway as delineated by the blue line on the attached plan (the “licenced area”).
- The Licenced area may only be used during the days and hours stated on the Licence and these hours will not be earlier than 7am and no later than 10pm.
- All customers must be seated with no vertical drinking.
- The licence holder shall at all times be responsible for compliance with the terms and conditions of this licence and any applicable legislation or statutory guidance in place at that time.
- The licence holder must have Public Liability Insurance in the amount of £5 million in respect of any one incident. This insurance must indemnify Telford & Wrekin Council against all claims for injury, damage or loss to users of the public highway, arising from the use of the highway for the licenced purpose.
- If for whatever reason and/or period of time the required public liability insurance policy is not in force, Telford & Wrekin Council shall be deemed to have withdrawn this licence for the period during which the said policy is not in force and the licence holder may be held liable for obstruction of the highway and prosecution under Section 137 of the Highways Act 1980.
- The licence holder shall make no claims or charges against Telford & Wrekin Council in the event of loss or damage of property in any way from whatever cause, except where the same is attributable to negligence of the part of the Council, its officers or agents.
- If on expiry of this licence, where there has been a new and valid application for a licence prior to its expiry and the Council has not determined that application, these conditions shall be deemed to remain in force such that the premises continue to operate as if a licence was in force until such time as the application has been determined by the Council.
- Any change of details in respect of this licence must be notified, in writing, within fourteen days of that change to the Licensing Service of Telford & Wrekin Council at the address below.
- The licenced area shall be clearly identifiable and all furniture may only be positioned in accordance with the plan attached to this licence.
- The licence holder shall ensure that the street amenity area is kept clean and free from litter and detritus (food and drink remnants, etc.) arising from the licenced use at all times.
- Waste from the licence holder’s operation must not be disposed of in any highway litter bins provided by Telford & Wrekin Council.
- Use of the licenced area must not interfere with highway drainage arrangements.
- Any furniture in the licenced area must not be erected or positioned in such a manner as to:
- impede the safe passage of vehicles, cyclists or pedestrians along the public highway
- prevent access to bus stops, taxi ranks or other premises frontages
- cover any signs or markings relevant to the highway
- obscure any signs, especially on or near junctions
- obscure the visibility of users of the highway on or near junctions
- prevent access to any service covers or apparatus
- be placed on or near to tactile paving and dropped kerbs
- be permanent fixtures or involve the excavation of, or the fixing of anything to, the highway, highway structures, or highway furniture which must be left entirely undisturbed.
- The licence holder shall remove all furniture from the licensed area:
- outside the permitted hours stated on the licence
- immediately if required by reasonable request at any time by an officer or agent of the Council or the Emergency Services
- as necessary to permit works in, or the use of, the highway by the Council, Emergency Services, and any service undertakers.
- Telford & Wrekin Council is empowered to remove and store or dispose of furniture from the highway, at the cost of the licensee, if it is left there outside the licenced hours, or should any terms or conditions of this licence be breached. The Council will not be responsible for its safekeeping.
- Any costs incurred as a result of damage to the highway, due to the positioning of barriers, tables or chairs, will be recovered in full from the licence holder by the Council.
- No alcohol shall be consumed within the licenced area except in compliance with the appropriate licensing laws.
- No amplified music or sports commentary is permitted to be played in the licensed area.
- No barbecues, fire pits or naked flames are permitted in the licensed area.
- Telford & Wrekin Council reserves the right to revoke this licence at any time if any of the above terms and conditions are not fulfilled and maintained.
- A copy of this licence with a plan of the licenced area must be displayed in a prominent public position on the premises.
Advisory note
If it appears to Telford & Wrekin Council that the licence holder to whom the Council has granted permission under the Act has committed any breach of the terms and conditions of that licence, they may serve a notice on the licence holder requiring them to take such steps to remedy the breach as are specified in the notice within such time as is specified.
The licence holder’s attention is drawn to Part 1 of the Business and Planning Act 2020 which sets out the powers of the Council in the event of a failure to comply with the terms and conditions of the licence.
Address for correspondence:
Licensing Service
Public Protection
Telford & Wrekin Council
Darby House
Lawn Central
Telford
TF3 4JA
Email: licensing@telford.gov.uk
Last updated : 4 July 2024
Licensing Privacy Notice General Data Protection Regulations – Business and Planning Act 2020
What we will do with your Personal Information?
Telford & Wrekin Council’s Licensing Service is collecting your personal information for the purpose of meeting the statutory requirements of the Business and Planning Act 2020.
Telford & Wrekin Council will not share any of your personal data collected with external organisations unless required to do so by law when your data may be shared with other regulatory bodies.
For further details on the council’s privacy arrangements please view the privacy page on the council's website page.
Before applying you must ensure that you have carefully read the eligibility criteria and the terms and conditions. View information about the eligibility criteria for a Pavement Licence and view the conditions for a Pavement Licence before you apply. This will determine whether you are able to meet the requirements and apply for a Pavement Licence.
Before you complete the application form, please note that that you will need to upload documents to accompany the application. These will include:
- an illustration/photo of the type, colour and dimensions of the proposed street furniture.
- a plan with the proposed licensed area outlined in blue, the plan must show measurements given in metres:
- the width of the frontage of the applicants premises
- the distance from the frontage of the premises to the nearest edge of the proposed licensed area
- the length of each side of the proposed licensed area.
- the plan must clearly identify the proposed licensed area and show the positioning of all furniture within that area. The plan must also show the proposed licence area in relation to the frontages of adjacent or nearby premises.
- a copy of your public liability insurance to an amount of £5,000,000 or above. The insurance must clearly state that cover includes the outside areas where your tables and chairs will be situated.
- pay the relevant fee of £100
- complete a Highways Management Plan. Download the Highway Management Plan (.docx Size: 12Kb) .
Please complete the application form when you have everything in place:
Complete the online form for a Pavement Licence application
On the same day that applicants submit the application and in order to comply with the ‘Act’, you will be required to:
- Download the public notice template for a Pavement Licence (.docx Size: 23Kb) which you are required to complete and display on your premises so that it is clearly visible to members of the public to view without entering the premises. The Notice must be A4 in size and printed on a clear white background. Please note that the applicant must ensure the notice remains in place for the public consultation period which is the period of 14 working days beginning with the day after the day the application is submitted to the authority. When counting ‘working days’ public holidays are not included.
Last updated : 12 June 2025