Cafe Barriers – Is planning permission required?

If you own a cafe or restaurant, you know how important it is to create an inviting and comfortable outdoor space for your customers. Cafe Barriers are often used to create this space. Traditionally, this required applying for full planning permission, a tedious and time-consuming process. But here’s the good news: currently, you don’t have to go through that hassle anymore!

Thanks to the Business Planning Act introduced in 2020 to support the hospitality industry, using cafe barriers to enhance your business has become much simpler.

The Business Planning Act

The Business Planning Act, initially put into effect in 2020 and extended until September 2024. This act has revolutionised the process of obtaining pavement licences for businesses in the leisure industry. Authorities treat these licences as planning permission. You can acquire them swiftly and at a maximum cost of £100. Councils process most applications within just 7 working days. This streamlined approach has made it easier than ever to improve your outdoor seating area and attract more customers.

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What is a pavement licence?

Essentially, it allows you to place removable furniture, such as cafe barriers, chairs, benches, cafe windbreaks, umbrellas, and restaurant screens, on certain designated pathways adjacent to your premises. Maintaining clear access routes on the pathway is crucial to meet the needs of all users, including disabled individuals.

Obtaining a pavement licence is now a cheaper, quicker, and more straightforward process. With a capped fee of £100, you can apply for the licence and go through a public consultation period of just 7 days (excluding public holidays).

An example of an application for pavement licences for our Council – Croydon

Here’s a bonus: If the authorities do not determine your application before the end of the period, they automatically deem the license granted. So you will be able to use your cafe barriers until 30th September 2024.

Wondering if your business is eligible for a pavement licence? Well, if you own a public house, cafe, coffee shop, bar, restaurant, snack bar, or ice cream parlor, you’re in luck! These licences permit you to use furniture, including cafe barriers, placed on the highway to either sell or serve food and drinks. They also allow people to consume food and drinks supplied by your establishment.

One important note: a pavement licence only covers the permission for furniture on the highway. It does not include the approval required for an alcohol license or compliance with food business registration requirements. So keep that in mind while ensuring your business is fully compliant.

In most cases, once you are granted a pavement licence, you don’t need separate planning permission. This saves you time, effort, and additional expenses

How long are licences valid?

Now, you might be wondering how long these licences are valid for. Well, this varies depending on your local authority. The minimum statutory duration specified by the Business and Planning Act 2020 is 3 months, but in most cases for long.

Not only is this process currently in place, but the government is also looking to make it a permanent measure. Certain appropriate amendments will be made to ensure the long-term sustainability of the process. Keep an eye out for updated guidance after Parliament has considered the Bill.

Information for your council!

When applying for a pavement licence, it’s important to provide the necessary information required by your local council. While each council may have different requirements, some common elements include:

  • A plan showing the location of your premises, clearly identified by a red line
  • Specification of the purpose for which the furniture will be used selling or serving food and drinks or allowing others to consume them
  • Days and hours of the week during which the furniture will be on the highway
  • Photos or brochures showcasing the proposed furniture and its potential siting within the area
  • The date of application
  • Evidence of public liability insurance as required by the local authority
  • Any other information or material the local authority may require, such as satisfying national and local conditions

Most Councils will probably require you to fill out a standard application.

Consider All Elements

While the pavement licence offers great advantages, it’s important to note that there are restrictions and considerations involved. These include ensuring no obstruction to pedestrian traffic, designating non-smoking areas. Also included is complying with any additional conditions imposed by the local authorities. These conditions may involve specific usage hours, rules for overnight storage, or noise control plans.

Additionally, it’s essential to consider public health and safety aspects. Such as whether the proposed use may create a nuisance to neighbours, whether there is enough pavement space for visually impaired individuals, the presence of permanent street furniture in the area, and whether it is a high traffic area.

In conclusion, the current process for obtaining a pavement licence and using cafe barriers to enhance your business is a game-changer. It’s efficient, affordable, and saves you from the hassle of full planning permission. By creating an inviting and comfortable outdoor space, you can attract more customers and improve the overall experience of your establishment. Remember to stay compliant with all relevant regulations and consult with your local council for specific requirements. Cheers to the future of your successful business!

For more information regarding cafe barriers check out our cafe barrier guide!

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