Street café licence

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Apply for a street café licence

Street café licences and pavement licences are for restaurant or café businesses that wish to use a public street, road or area outside their business:

for selling food and drink
to place tables, chairs or other temporary furniture.

Apply for a street café licence

Applications can be made online, along with supporting documents where requested. There is currently no fee to pay, as this aims to support local businesses in their recovery following the pandemic.

We recommend you read the pavement licence guidance and conditions before applying online.

After we've received your application, we'll aim to process applications within the seven day public consultation period. We will contact you before the end of the consultation period to advise if your street café licence has been granted.

Apply for a street café licence

Street café licences can only be granted for the purpose of serving food and drink to your customers on a highway area.

You may not be able to have a street café licence if:

your premises is on a bend or at a road junction
tables and chairs will affect pedestrians or visibility
your property is close to traffic signals
there is insufficient footway width or area
complaints and concerns have been raised regarding a previously granted licence.

Whilst this is not an exhaustive list, here are some of the reasons why it might be necessary for us to revoke a street café licence:

if some or all of the highway being used has become unsuitable
as a result of the licence;
- there is a risk to public health or safety
- anti-social behaviour or public nuisance is caused
- the highway is being obstructed
- anything material stated by the licence holder was false or misleading
- the licence holder did not comply with the duty to fix and maintain a notice of the proposed application
the licensee has breached any condition of the granted licence.

Comment on a street café licence application

In accordance with the Section 2(3) of Part 1 of the Business and Planning Act 2020, we publish current applications that are available for public consultation on this page.

If you'd like to comment or object to a street café licence application, you can make a representation by emailing traffic@bury.gov.uk.

There are currently no street cafe licence applications open for consultation.

Pavement licensing

Pavement licence applications are made under the newly established regulatory requirements under the:

These regulation changes are in effect until 30th September 2024 and will expire on this date. These changes aim to support businesses to recover from the effects of the pandemic and to protect as many hospitality jobs as possible. The new regulatory laws temporarily replace the need for pavement licence applications to be made under section 115 of the Highways Act 1980.

Current licence holders

If you hold a pavement licence for your business, you should be aware that current licences are not automatically extended to be effective until 30th September 2024. If your licence is due to expire and you wish for it to continue, you must submit a new application.

Pavement licence applications

All pavement licence applications are subject to a seven day public consultation that begins the day after an application is made. Applications and related information will be published on our website during the consultation period.

After the consultation period, applications and any public opinions or objections will be considered and we may attach conditions, where appropriate. There is no appeal process within the related legislation.

In addition to national pavement licence conditions, there are also standard conditions that will apply to the licence.

Pavement licence conditions

Pavement licence supporting documents

When applying for a pavement licence, you'll be required to provide documents to support your application, including:

a plan showing the:
- measurements and location of;
  - the premises, identified with a red edge, and
  - the area of activities applied for, identified with a blue edge
- positions and number of proposed tables, chairs and other temporary furniture you wish to place on the highway
- length and/or width measurements for any pathway, building or other fixed item in the proposed area. You may view our example plan as a guide.
details of the management arrangements for the licensed area
proof of your public liability insurance up to £5 million, including indemnification of the council against all claims, injuries or accidents
evidence that you've advertised your application;
- by displaying a notice on your business premises
- by informing any premises immediately adjacent to either side of your premises using a notification letter
any reference of any existing licence currently under consideration by us, if applicable
any other evidence needed to demonstrate how any local and national conditions will be met.