Pavement cafés

Business and Planning Act 2020 Pavement Licence – Guidance

This application process temporarily replaces the existing Pavement Café Licence and policy. This licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with, the use of the premises between the hours of 7:30am and 10pm.

This licence will support the recovery of hospitality businesses and support residents to stay safe in the Wakefield district through the lifting of lockdown measures as part of the Covid-19 pandemic, up to and including 30 September 2021.

Applications will be assessed on their own merits. All will be subject to a 7 day public consultation period and then determined within 7 days of the end of the consultation period. If no determination is made within this period then the application will be deemed granted. Please be aware, it may not be possible to grant all applications as there will be competing needs for the open space as well as existing public safety matters that need to be considered.

There is no fee payable for this Pavement Licence.

Business and Planning Act 2020 Pavement Licence Application Guidance document

Key Conditions:

The following criteria must be complied with:

  • A minimum distance of 0.75m from the face of the building is required to satisfactorily accommodate table and chairs plus seated persons
  • A minimum footway width of 2.0m must be provided.
  • In areas of high pedestrian flow or close to a heavily used carriageway a minimum footway of 3.0m must be provided.
  • In pedestrian precinct areas a clear route must be maintained at all times for the passage of emergency vehicles.  This route must not be less than 3.2 metres wide.
  • Facilities must be accessible by all
  • Toilets must be made available for use by customers using the area in accordance with Covid-19 guidance
  • It is the responsibility of the Licence Holder to ensure they have a licence for serving alcohol off their premises.
  • In premises where alcohol is served, all cold and alcoholic drinks must be served in polycarbonate glasses. No glass is allowed in the pavement café area.
  • The Licence Holder will make reasonable provision for seating where smoking is not permitted.

Your Application

There is no fee payable for this Pavement Licence.

Please complete the application form below. You will need the following documentation included in your submission:

  • If you intend to sell alcohol for consumption within the pavement café, a copy of the Premises Licence with an appropriate off sales authorisation under the Licensing Act 2003 or a copy of your notification to the licensing authority under section 172f of the Licensing Act 2003
  • site plan and pavement café layout showing:
    • Areas (including dimensions) where the proposed outdoor furniture is to be placed
    • Location of outdoor furniture within the area, including full details of the proposed furniture, ideally accompanied by photographs, illustrations or drawings
    • The location within the area to be designated as non-smoking or a statement as to why such provision would be unreasonable within the pavement café
    • Means of enclosure to be used (metric dimensions, colours, materials)
    • Details of any additional lighting to be used, including detailed specifications
    • Position of the building line
    • Position of kerb line adjacent to the proposal, or the opposite building line in a pedestrianised street
    • Entrances to premises within or adjacent to, or above, the area proposed for outdoor furniture
    • Areas considered to be private forecourt
    • Location of trees, lamp posts and other street furniture
    • If the proposed pavement café extends beyond the width of the applicant's frontage, the Council will need documented evidence that agreement has been reached with any interested frontages affected by the proposal in order to commence the approval process
  • A copy of the third party Public Liability Insurance certificate that covers the proposed area and is for £5,000,000
  • A Management Plan detailing how the Licence Holder will deal with instances of anti-social behaviour and, where appropriate, a Risk Assessment in relation to when SIA door staff will be required; and also the management of non-compliance with social distancing guidelines
Application Form

Contact us

Licensing Office

Wakefield Council
Wakefield One
PO Box 700
Burton Street

Opening hours: Monday to Friday 10am - 3pm

01924 302919/302906