Apply for permission to provide café facilities on a public highway

Submit a completed application form including details of the dimensions of the area you wish to use, number of tables, chairs and parasols, the means of enclosure (barriers), number of days and times you would like to use the area.

Find out how to apply for permission to provide café facilities on the highway

Along with the application from, photos of the chairs, tables and barriers you wish to use need to be submitted. If you have not yet purchased these, we do accept a like for like picture off the internet.

A plan of the layout of where you are going to put your tables, chairs and other furniture.

If the application is granted then a copy of your public liability certificate is required along with the fee of £258.00 (12 month licence).

Once a completed application has been received there is currently a period of consultation that must be undertaken. The licensing service will carry out the consultation and will consult with the following:

• Public notice - Provision of Amenities on Certain Highways at the premises - the licensing service will place these notices on site,
• Serving copy of the notice on the owner and occupier of any premises materially affected by the application
• Planning,
• Highways,
• West Yorkshire Police.

The consultation period is 28 days, any objections to the proposals will need to be considered before a licence can be granted; this may include a hearing before the Council Licensing and Safety Committee.

Providing nothing has changed upon renewal the consultation would only need to take place with the following parties to ensure no concerns have come to light since the previous licence was granted. This is not subject to the same 28-day consultation, and you can continue using your pavement café area during this time:

• Highways
• Police

If a premise has a valid premises licence issued under the Licensing Act 2003, but does not benefit from OFF sales, you can add this to the licence by way of a 'Minor Variation'. However, using a minor variation, you can only apply for the hours you already have granted for on sales. There is a 10-working day consultation via a white notice on the premises, and a fee is £89.

There is no requirement for the applicant to send a copy of the minor variation to responsible authorities. However, if the licensing authority feel the minor variation could impact on the licensing objectives, it may seek advice from one or more of the responsible authorities.

Where an existing premise licence does not cover ON sales, you would need to apply for a 'Full Variation'. This includes a 28-day consultation period, advert in a local newspaper and serving the application on the 8 relevant authorities set out in the Licensing Act 2003. The fee for this is based on the non-domestic rateable value plus the fee for the advert.

If there is no premises licence in force then a full application will be required which includes a 28-day consultation period, advert in a local newspaper and serving the application on the 8 relevant authorities set out in the Licensing Act 2003. The fee for this is based on the non-domestic rateable value plus the fee for the advert.

You may want to consider:

• Introducing a mobile app for ordering and paying for drinks/food from any outside seating. This will alleviate any requirements for customers needing to go inside the building or installing an outside bar.
• Have a table/till with a handheld card payment just inside of your doorway so that customers can pay for their drinks within the licenced area.
• Have a plan on how you will promote social distancing/using toilet facilities etc.

For premises that are covered by an existing premises licence, the following is the current (April 2018) statutory guidance on the use of beer gardens or other outdoor spaces:

• 8.35: Applicants will want to consider whether they might want to use a garden or other outdoor space as a location from which alcohol will be consumed. The sale of alcohol is to be treated as taking place where the alcohol is appropriated to the contract. In scenarios where drink orders are taken by a member of staff in the garden or outdoor space and the member of staff then collects the drinks from the licenced premises and returns to deliver them to the customer this would be treated as an off-sale and any conditions that relate to off-sales would apply.
• 8.36: In such cases it will be not necessary to include the garden or other outdoor space on the plan as part of the area covered by the premises licence. However, it will be necessary for the applicant to include the garden or other outdoor space on the plan as part of the area covered by the premises licence if the intention is to provide a service whereby drinks are available for sale and consumption directly from that area (i.e. the provision of on-sales). This would apply in the case of an outdoor bar or a service whereby a member of staff who is in the garden or outdoor space carries with them drinks that are available for sale (without the need for the staff member to return to the licenced premises to collect them).
• 8.37: If the beer garden or other outdoor area is to be used for the consumption of off-sales only, there is no requirement to show it on the plan of the premises, but the prescribed application form requires the applicant to provide a description of where the place is and its proximity to the premises.