Many businesses like to be able to offer an outdoor seating area for their customers to consume food and drink. These may include cafes, bars and restaurants. If the area where the tables and chairs are to be placed is part of the Public Highway, then a licence is required from the Local Authority under section 115 of the Highways Act 1980.
The licence lasts for 12 months and there is a fee of £132. The Licensing Team at Basingstoke and Deane Borough Council has responsibility for the processing of all applications for these licences. Extensive guidance notes have been produced to assist applicants and these can be downloaded below with the application form and other necessary documents.
All licences have standard conditions attached and additional, appropriate conditions can be imposed by the authorities consulted if required. An example of a condition may be for polycarbonate glasses to be used at certain times of the night or for the furniture to be removed at the end of the trading period. The conditions may vary from licence to licence.
A summary of the regulation relating to this licence
Application Evaluation Process
The following criteria will be considered when applications are evaluated:
All applications are subject to a 28 day consultation period, during which time the application is sent to the police authority, the highways authority and the planning authority for comments. Anyone who may be affected by an application will also be consulted such as neighbouring premises or any other person or business that the council deems is appropriate. During this 28 day period, the applicant must prominently display a Public Notice at the premise to which the application relates. A copy of the required public notice is available to download below.
When should I expect a decision?
Tacit consent applies to this application. This means that you will be able to act as though your application has been granted if you have not heard from the Licensing Team within the target completion period which is a maximum of 56 days.
Making an application online
You can apply and pay for a licence to place tables and chairs on the highway online through the UK Business Link website. You must complete the full application process online and upload your completed application form with supporting documentation to the online system. The relevant payment must also be made online. In order to complete the online application process you will require a government gateway registration.
Apply Online for a licence to place Tables and Chairs on the Highway
Failed Application Redress
Please contact the Licensing Team in the first instance however, there is no right of appeal against the refusal of a licence to place Tables and Chairs on the Highway.
We would always advise that in the event of a complaint the first contact is made with the trader by you - 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
If you have a complaint regarding Tables and Chairs on the Highway please contact the Licensing Team.
If you require any further information regarding Tables and Chairs Licences or would like to discuss your application please contact the Licensing Team.