Pavement Licences

The Business and Planning Act came into force on 22 July 2020 and introduced a temporary pavement licence scheme as part of the Government's Covid 19 Recovery Plan. 

This has now been made a permanent licensing scheme through the Levelling up and Regeneration Act 2023.

Stroud District Council has adopted the new permanent pavement licence procedures from 1st August 2024

What is a Pavement Licence

A pavement licence allows  businesses, such as pubs, restaurants and cafes, to put removable furniture on the pavement adjacent to their premises in order to sell or serve food and drink, or for people to sit at to consume food and drink.

Stroud District Council's Permanent Pavement Licensing Policy - from 1st August 2024

• Stroud District Council Pavement Licence Policy from 1st August 2024 Pavement Licence Policy 2024 (1)

Who can apply for a pavement licence?

A business which sells food or drink for consumption (on or off the premises) can apply for a pavement licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, including where this is ancillary to another main another use, for example supermarkets, or entertainment venues which sell food and drink. The area of pavement must be adjacent to the business location.

What type of location can  a pavement licence be used for?

A pavement licence can only be granted in respect of any footpath maintained by Gloucestershire Highways which is restricted to pedestrians, or any road maintained by Gloucestershire Highways where vehicle access is restricted or prohibited.

A pavement licence cannot be granted for a road maintained by Gloucestershire Highways where vehicles have access, even if the road goes right up to the curtilage of a building.

A pavement licence is not needed for any privately owned land, for example privately owned curtilage at the front of a building. if in doubt you would need to check with Gloucestershire Highways to see who has responsibility for a pavement or curtilage. highways@gloucestershire.gov.uk

What about businesses that have historically had chairs and tables on the Highway prior to the Covid Pandemic?

Businesses that  already regularly had chairs and tables on the Highway, prior to the introduction of the temporary pavement licence legislation in 2020, were given grandfather rights by Stroud District Council and were allowed to continue to operate without the necessity to make a new application for a pavement licence under the temporary legislation

However the new permanent legislation requires all businesses that have furniture on the highway to now hold a Pavement licence. 

From 1st August 2024, all business in Stroud District  that have furniture on the highway, and do not hold a pavement licence under the temporary provisions, will need to make a new application for a pavement licence under the new provisions

What furniture can be permitted by a pavement licence?

The furniture which may be used is:

• 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.

Can I serve alcohol outside?

If your business has a licence to serve alcohol for consumption on the premises, the Pavement Licence, will allow you to sell alcohol for consumption off the premises without needing to apply for a variation to your alcohol licence.

Do I need planning permission?

No. Once a licence is granted you will also benefit from deemed planning permission to use the land for anything done under the pavement licence.

Will street drinking bans still apply?

If you are in Stroud or Dursley, within the no street drinking zones, the street drinking ban will not apply for the area covered by the pavement licence. However, your customers will still not be able to drink alcohol in areas outside of the area covered by your pavement licence

How long are pavement licenses valid for?

Pavement licences that were issued under the temporary measures will expire one year after they were first granted or at the end of September 2024, whichever is the latest date.  These licence holders will be able to renew the licence in accordance with the new provisions.

Pavement licences issued after 1 August 2024 will normally be granted for 2 years. They can be renewed.

Will there be any conditions on the pavement licence?

Yes, there are two national conditions.

• a no-obstruction condition
• a smoke-free seating condition

Pavement licences issued by Stroud District Council will also have a number of local conditions attached. The full list of conditions is in Stroud District Council’s Policy

The Council may also apply specific conditions to a particular pavement licence if relevant