Home / Sun’s out, we’re out! Are you al fresco ready?
12th March 2026
Claire Morris, Associate
Those warmer spring and summer days are on their way, and we can once more dare to sit outside and (hopefully) feel the warm sun as we sip our favourite beverage or grab a bite to eat. However, if you are reading this, you are more likely to be serving, rather than consuming, so you’ll need to be ready for those looking for an al fresco setting.
One of the benefits of an external area is that it can increase your overall covers, and a well-maintained external area can be inviting for customers. Whilst a lot of pubs have beer gardens, these areas are either owned by the pub, or they are usually on land demised by the landlord of the building and the decision to use it as a beer garden is at the landlord’s discretion (and, of course, subject to planning permission). But what about those areas of public pavement (or highway) outside bars and restaurants that you often see buzzing with customers during the summer?
Public pavements / highways are owned by the local authority (rather than a private landlord). Therefore, you will need to obtain their permission before you can place furniture on them. There are two types of permission you can obtain, and both require an application to the local authority.
‘Pavement Licences’ allow businesses selling food and drink to use the highway adjacent to their premises for the placement of furniture such as tables, chairs, benches, planters, barriers, and parasols. All pavement licences, regardless of region, contain a condition that all furniture must be removed at the end of each day. The benefit of this type of licence is that planning permission is not required. Depending on which region you are in, pavement licences can be granted from six months to two years.
The second type of licence is a ‘Highways Act Licence’. These should be considered where more permanent fixtures cannot be permitted under a Pavement Licence. Be aware that, Highways Act Licences do not exclude a requirement for planning permission. Therefore, as a rule, planning permission will be required, although we would suggest checking your specific plans with your local authority as we have detected some variation in approach nationally. These types of licences can be granted for any period at the local authority’s discretion, and so they may be granted for longer than two years.
Remember these licences do not authorise you to undertake any licensable activities such as selling alcohol. If your customers are drinking alcoholic drinks outside, then ensure you have an off-sales provision on your premises licence, or consider using temporary event notices in the meantime.
As a minimum for each type of licence, you will be asked to complete an application form confirming the details of what you would like to put on the pavement and when (days and times). You will need illustrations of the furniture you intend to use and a proposed plan of the space you will be using. This will show the intended layout of furniture and their distances from other ‘obstacles’ on the pavement (to confirm those with mobility issues can pass freely). You will also need confirmation of the appropriate public liability insurance.
For Highways Act Licences, you will also need confirmation of the appropriate planning permission (but remember to check with the local authority). All applications require payment of an application fee. Check with your local authority to confirm the full set of their application requirements and their application fee.
Remember, that once lodged, all applications are subject to a public consultation, which means certain people, such as residents, councillors and responsible authorities can object to the application.
Once lodged, different timescales apply for the council to confirm the outcome of the application. The good news is that if you apply now, you will be in good time to know whether you can operate as soon as the warmer months arrive.
Pavement Licences can take around four weeks from submission. Once lodged, there is a two-week public consultation period, followed by a further two weeks in which the local authority makes its decision, taking into consideration any objections which may have been received.
Highways Act Licences have a public consultation period of 28 days, and the local authority makes its decision after that (but it should be within a reasonable period of time, and some councils confirm in their policy when this is).
If you already have either a Pavement Licence or a Highways Act Licence, remember to check its expiry date (do you have to renew it soon?) and whether it is still valid – for example, is the layout you intend to use different from the layout on the plan attached to the licence? If there are differences in your operation, now is the time to update your licence.
We can help with any queries or applications, contact our licensing team on 0161 838 7888 or email [email protected]
Contributors: Rebecca Egan, Specialist Licensing Paralegal