Permanent pavement licences (outdoor seating)

Overview

To place tables, chairs or other temporary furniture on the pavement in South Tyneside, you need a licence from South Tyneside Council.

A pavement cafe is a designated area where tables and chairs are placed on a public highway where food and drink is served.

There are two types of permission needed to have a pavement cafe licence.

Planning permission of mixed use
Section 115E Highways Act 1980

Conditions will apply and you will need to pay a fee.

Pavement cafe policy (PDF) [380KB]

Guide for business (PDF) [401KB]

Apply for a licence

Apply for a pavement licence (Word doc) [1MB]

Eligibility criteria

The licensing team will consult with other departments and agencies before a pavement cafe licence can be issued.

Application evaluation process

A public notice of the application must be given detailing the proposal and deadline for representations
All representations received must be considered
Any other relevant authorities must be consulted
Consents must not be unreasonably withheld

How long will it take for your application to be processed

If your application is successful and we have received all of the necessary documentation, your application will be processed within three working days after the 28 day consultation period.

Tacit consent

Tacit consent is where an application is treated as accepted if a reply is not recieved within a certain timeframe.

Tacit consent cannot apply because the Council must carry out checks to ensure that the application complies with the qualifying conditions.

The Council will advertise the application for a period of 28 days.

A successful application will be processed within three working days after the expiry of that period.

If you want to check on the progress of your application please contact the Licensing Team on 0191 424 7695 or email licensing@southtyneside.gov.uk.

Appeals

Appeal an application

Please contact South Tyneside Council in the first instance.

Appeal against the conditions of a licence

If your application is refused, you can write to the licensing team and ask for the decision to be reviewed.

There is no legal right of appeal through the courts.

If you have a complaint

If you have a complaint, we advise that you contact the trader, preferably in the form a letter (with proof of delivery).

If that has not worked, if you are located in the UK, Consumer Direct will give you advice.

From outside the UK, contact the UK European Consumer Centre.

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