Does your business have permission to use its outdoor space?

23 Jul 2019

If your business is thinking of making use of its outdoor space, here are some top tips to consider before placing any furniture outside:

1. Check the terms of your premises licence to establish your permission for using outside space – is the area shown on the licensing plan or does your licence authorise on and off sales of alcohol. Equally check your Annex 2 conditions to ensure there are none preventing you from providing licensable activities outside.

2. Establish whether the outside area is private land or public highway. If it is the latter you will need to contact your local authority to embark on the process of applying for a table and chairs/pavement licence.

a. Check the council’s policy for granting pavement licences and the standard conditions that will be imposed on any grant. It is wise to ensure you will be able to comply with these conditions as well as check if the council have specific hours during which furniture can be placed on the highway before you go the expense of an application. Applications need to be accompanied by layout plans, public liability insurance and other documentation contained in the council’s policy which will vary from council to council

b. Additionally, depending upon your council’s terms and conditions you may be required to obtain planning permission before applying for a pavement licence.

c. Note that pavement licences are granted on a temporary basis and will require renewal either 6 or 12 monthly. Factor this in when calculating cost.

3. When using outdoor space remember to consider customer safety as regards furniture and tableware, as well as, be aware of your neighbours and put in place staff training and measures to avoid causing noise nuisance or littering.

For further advice and assistance regarding premises licensing, please contact Karen Lush, experienced licensing Associate here at Trethowans LLP.

Karen Lush

Karen Lush

Associate and Head of Licensing

Email me

023 8082 0464