The legislation relates to publicly owned land and is not to be confused with a “sitting out licence”, which is to be used when placing tables and chairs on privately owned land outside a restaurant, café and public house (such as in a shopping centre or a private estate). It applies only in England, and licences can only be granted in respect of certain highways and generally only on pedestrianised roads and footpaths and places where vehicle access is restricted or prohibited.
What must the application specify?
Local authorities will have their own application forms and may require other information to help make a swift decision. You must specify the purpose for which the furniture will be used, the days of the week and the hours between which it is proposed to have furniture on the highway, along with a description of the type of furniture. Evidence of public liability insurance must be supplied, and other evidence, such as a plan and evidence of the right to occupy the property, e.g. the lease.
Are there any other considerations?
It is important to note that the grant of a pavement licence only covers the placing of furniture on the highway, and businesses will still need to comply with other regulatory frameworks, such as alcohol licensing and registration requirements for food businesses for example. If alcohol is to be consumed in the area covered by the licence, the business must be properly licensed to permit such consumption.
Duties under the Equality Act 2010 will also mean that businesses must not discriminate when providing their service.