All local Councils have to ensure that the public’s right to use a highway are not detrimentally affected. Public highways include footpaths, pavements, market places, parking spaces and verges.
Councils usually class an area of the public highway where tables and chairs may be used or food and drink is consumed as Pavement Cafés.
A lot of Council’s are generally supportive of Pavement Cafes because it facilitates enjoyment in the local area, encouraging people in the towns and villages to interact and make the best of the County’s great offerings.
Generally, all parts of the public highway may be used for Pavement Cafés as long as all safety and non-obstruction requirements are met. Each local Council will however have their own guidelines. Some require you to fill out Pavement Café application forms for a ‘Pavement Café Licence’, whilst others require you to obtain planning permission and/ or listed building Consent (This will usually be from your Local Planning Authority). With any of these scenarios there will usually be fees. Remember each County Council will have their own rules and guidelines.
If you wish to serve alcohol at the Pavement Café you will undoubtedly need a liquor licence from your Council’s Licensing Authority.
A local Council will sometimes undertake an assessment of suitability based upon the size and location of the area in which you plan to have a Pavement Café, it will also take into consideration the width of the footway and other surrounding businesses input.
If planing permission is required you may be asked to submit a site plan, here is a list of points to consider when producing this:-
- Proposed boundaries
- Building line
- Kerb line
- Café Banner Kit layout and dimensions
- Points of access and dimensions
- Trading days and times
- A copy of your Public Liability Insurance
Section 115.E of the Highways Act 1980 gives Local Authorities the powers to licence and regulate items such as Café Banner Kits displayed on public highways. Please click here to view this.
The role of the public highway is to allow the public to pass and re-pass so when using Café Banner Kits they must be managed and maintained in a way that protects the rights and safety of all users with special attention to wheelchair users and those with impaired vision which leads us into Point 4.
Click here to view our Espresso Cafe Banner