Government Plans to Extend Pavement Licence Regime Beyond 2023

The Department for Levelling Up, Housing and Communities have published the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulation 2023 (“Regulations”) which will provide a 12-month extension to the current Pavement Licensing regime, as introduced during the Covid-19 Pandemic, and which was due to expire on the 30 September 2023.

Currently, the Business and Planning Act 2020 permits a hospitality operator to place tables/chairs and certain other removable furniture on a public highway adjacent to its premises and which also constitutes deemed planning permission for anything done by the licence holder on this land, as may be required for an application for a Tables and Chairs Licence under the Highways Act 1980. This regime provides a more fast tracked and streamlined approach to alfresco dining, compared to applications made under the Highways Act. The introduction of these Regulations would allow operators to benefit from this regime for a further 12 months, when applying to extend their pavement licence beyond the current expiry date.

The proposed Regulations were laid before both Houses for review on the 7 June 2023 and will be considered under the Governments Draft Affirmative Procedure and will require approval in Parliament before being signed into law.

This Pavement Licensing Regime is welcomed as it provides a more flexible and cost-efficient way for an operator to place furniture outside its premises and benefit from the use of alfresco drinking and dining, especially throughout the summer months.

If you currently benefit from a Pavement Licence and wish to extend this beyond September 2023, please contact our Licensing Specialists on 0161 838 7888 who would be happy to assist.