Tables and Chairs on Pavements

A guide for town centre cafés

To place tables, chairs or other temporary furniture on the highway you must obtain planning permission and/or a licence from the council.

The basic requirements of the application process are as follows:

• Planning Permission is required from the Council for the use of the land. There is a fee for this and planning approval must have been granted before an application to the highway authority can be made.
• A licence is then required from the Council as the Highway Authority, to put tables and chairs out on a public highway. You will need to fill in a Section 115E application form. There is an annual fee for this if the licence is granted.

Please note a licence cannot be granted until the Council has: 

• Published a notice for the applicant to display in a conspicuous position at which the application relates
• Served a copy of the notice on owners and occupiers of adjacent premises and those appearing to the Council to be materially affected.
• Consulted with the police and have their agreement to any proposal.

Permission cannot be granted until at least 28 days after the notices are posted and then only if no representations (objections) are made. If representations are made then the matter will be considered by the relevant Cabinet Members.

Tables and chairs may be used on wide footways, but adequate pedestrian routes and clearances next to the carriageway must be maintained. The Council has a responsibility to ensure that any highway is in a safe condition for use by members of the public. This duty includes the need to maintain adequate widths for pedestrians and safety margins adjacent to any carriageway.

The licensee must insure the Council against all losses and claims arising from the use of tables and chairs on the highway. Therefore insurance documents must be shown before permission is given. The Council can request that the document is produced at any time during the period of the permission.

The Council may suspend any permission to allow maintenance works to be undertaken. The suspension of a permission would be kept to an absolute minimum, taking account of operational requirements.

On request, we can send you a blank copy of the basic agreement form for you to look at. This document is for your information only and does not constitute a formal agreement or imply that any formal agreement will be entered into. However, the Council cannot withhold its permission unreasonably. The conditions contained in the schedule are "standard" only. Additional conditions specific to the site could be required.

A copy of the Highways Act 1980 is available online and can also be inspected at the Riverside House.

For further information please contact us.

Last update: 01/05/2012