Pavement licence (outdoor seating)

Contents 

1. Overview
2. How the application process works
3. How to apply
4. Cost
5. Expiry date
6. If you haven't heard back from us
7. Appeals
8. Conditions
9. Give feedback on applications

Overview

To place tables, chairs or other temporary furniture on the pavement in South Tyneside, you need a licence from South Tyneside Council under The Business and Planning Act 2020.

Premises that sell food or drink for consumption on or off the premises are eligible to apply. Licences may only be granted in respect of highways listed in section 115(a) of The Highways Act 1980.

For government guidance about the licence, see GOV.UK: Pavement licences (outdoor seating proposal).

How the application process works 

1. Submit your application 
2. We will review your application
3. If approved, there will be a 14 day consultation period for local people to give feedback (this starts on the day after the application is made)
4. We have 14 days from the consultation closing date to decide on the outcome of your application
5. If we do not decide in the 14 days from the consultation closing, your application will be automatically granted.

When reviewing your application we will: 

• issue licences subject to the conditions, however we will consider applications on their own individual merits, taking into account the details in the application as well as any feedback received during the public consultation
• consult with other departments and agencies before issuing a licence
• provide a public notice of the application detailing the proposal and deadline for representations (feedback)
• consider all representations (feedback) received 
• not unreasonably withhold consent

How to apply

1. Complete the application form
2. Send the application form and plan to licensing@southtyneside.gov.uk 

Cost 

The fee for this two year licence is as follows:

• New application £400
• Renewal application £350

Expiry date

All licences will usually be granted for a two year period but will expire on 30th September.

If you haven't heard back from us

From the day after you submit your application, there will be a 14 day consultation period for local people to give feedback. 

We then have 14 days from the consultation closing date to decide on the outcome of your application. 

If you have not heard from the Council after these 28 days, the application will be automatically granted.

To check on the progress of your application, contact the Licensing team on 0191 424 7695 or email licensing@southtyneside.gov.uk.

Appeals

There is no statutory appeals process for these decisions, but please contact the Licensing team in the first instance on 0191 424 7695 or email licensing@southtyneside.gov.uk.

Conditions

1. The licence holder may use the land specified in the submitted plan for placing removable furniture in the course of the business during the permitted hours.
2. Pavement cafe licences will be issued to operate between 8am and 8pm. The Council will extend the termination time until 10pm during the summer months (the beginning of April until the end of September).
3. The licence holder shall make sure that the pavement licence activities do not:
   • prevent traffic, other than vehicular traffic, from:
     1. having normal access to premises adjoining the relevant highway
     2. passing along the relevant highway, or
     3. entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway),
     4. prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order,
     5. prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
     6. prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
4. Where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence holder must make reasonable provision to prohibit smoking in the licensed area. 
5. The removable furniture must not protrude beyond the defined area.
6. The removable furniture must be kept in good condition so as not to detract from the appearance of the street.
7. All removable furniture must be removed from the pavement licence area and securely stored within 30 minutes from the end of the permitted hours.
8. The licence holder is responsible for the supervision of the pavement licence area.
9. The pavement licence area must only be used for the purposes of consuming food and beverages in connection with the business.
10. The licence holder must ensure that the pavement licence area and the immediate vicinity are kept clean and tidy during the permitted hours of operation.
11. All customers must remain seated and table service should be facilitated at all times during the permitted hours of operation.
12. No vertical drinking or eating shall be permitted.
13. No amplified outside music, entertainment or broadcast of sporting events will be permitted.
14. Notices shall be displayed at the exit of the premises and around the pavement licence area advising patrons to be mindful of the location and to respect neighbouring properties.
15. The licence holder is required to allow highway maintenance and any other necessary remedial work to be carried out at the location covered by the licence. The Council will not be liable for any loss of earnings arising from the suspension of the licence.
16. The licence holder must take out public liability insurance to the sum of £5,000,000.

Please note that every application will be considered on its merit.

South Tyneside Council reserve the right to impose reasonable conditions whether or not they are published and may impose these conditions based on information offered on an application.

Give feedback on applications

Please email your feedback to licensing@southtyneside.gov.uk.