Do you have a licence for café culture? If you want to increase your capacity and offer your customers outdoor dining, you may need to pay for a premises licence, says Piers Warne


The problem Café culture, the Mediterranean dream of sitting outside in the sun watching the world go by, can be as appealing in Nantwich as it is in Nantes. Unfortunately, the legal pitfalls in obtaining such permission can be off-putting. And with no set process for this, operators are often left not knowing where to turn.


The law The Highways Act 1980 put the matter in the hands of local authorities. Originally, it was the county councils that dealt with appli- cations, but nowadays it can be the highways, planning or licensing departments. Such licences are referred to as ‘pavement licences’ or ‘tables and chairs licences’. To complicate matters further, additional per- missions, such as planning, premises licences or over-sailing licences may be required. For the lucky few, a small number of authori- ties require nothing at all.


Expert advice


The first port of call should be your council highways department. With any luck, if they don’t deal with applications any more, they should be able to direct you to who does. Many council websites will provide the information; however, be prepared to spend time searching. If a pavement licence is required, it is likely


that you will have to provide: ● Detailed plans of the area to be licensed, with dimensions, pavement widths and reference to street furniture (lamp-posts, bins, bus stops, etc); ● Photos of the area, the proposed furniture and barriers, and the furniture manufacturer specifications; ● A copy of your public liability insurance; and ● The appropriate fee.


Each authority has different requirements and different fees on application, so it’s always worth reading them carefully. For instance, the widths of pavement required to be kept clear differs between authorities and some fees can be quite high in certain city centres. A pavement licence is granted for a set period, usually between six months and four years, and will require renewal prior to it expiring. There is no set time for councils to determine applications and it can take a very long time (three to four months) if objections are received, so apply early to ensure your licence is in place for spring.


Other licences that may be required include:


Planning permission This is to allow a change of use of the adopted highway. Most permissions are for a set


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“It can take a very long time (three to four months) if objections are received, so apply early to ensure your licence is in place for spring”


period, usually a year or two, but can be permanent. If planning is required, it is often necessary to get it before the pavement licence.


Premises licence variation


It is worth checking your premises licence to ensure no restrictions are on it that would prevent you using the pavement licence. Some authorities require off-sales for alcohol to be permitted before customers can take alcoholic drinks outside; others require the area to be shown on the plans. Often it is a simple minor variation to make the required change.


Over-sailing licences


These regulate awnings or other materials overhanging the highway. Again, some


authorities require them, although this is rare. You will need to have planning permis- sion for any awnings.


To-do checklist


Unless you are lucky and don’t require a licence, you will need to: ● Establish which council department deals with the process; ● Establish which licences/permissions will be required and what fees are payable; ● Ensure that the area to be licensed leaves the specified width for pedestrians on the pavement; ● Ensure the application has all the informa- tion required to avoid delay; and ● Make a note of the renewal dates and ensure renewals are submitted in good time.


Beware


There are costly penalties for placing furniture on the highway without permission. Most authorities will offer a warning, but prosecu- tions can be brought.


Contact Piers Warne, real estate associate, TLT, piers.warne@TLTsolicitors.com


www.thecaterer.com


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