Furniture on the Highway

Furniture on the Highway Licensing Policy 2026–2031 Public Consultation

The Licensing Authority has updated the current Tables and Chairs on the Highway Policy to reflect recent legislative changes.

Basingstoke and Deane Borough Council is reviewing its Furniture on the Highway Licensing Policy for 2026–2031, in accordance with Section 115(E) of the Highways Act 1980 and the Business and Planning Act 2020, as amended by the Levelling Up and Regeneration Act 2023.

The Furniture on the Highway Licensing Policy Draft is now available for public consultation.

View Furniture on the Highway Licensing Policy Draft or to request a hard copy call 01256 844844.

Have your say

We welcome feedback from individuals, businesses, and organisations. Your comments will help shape the final policy, which will be considered by the Licensing Committee on 2 February 2026.

How to respond

You can submit your comments before 5pm on 2 January 2026 by either:

emailing licensing@basingstoke.gov.uk marking it for attention of the Licensing Team Leader
posting your comment to:

Shared Licensing Services Team
Civic Offices
London Road
Basingstoke
RG21 4AH

Your response should include:

whether you are responding as an individual
if responding on behalf of an organisation, include its name and who it represents
if you clearly request confidentiality, we won't published your comments
all data will be handled in accordance with the Data Protection Act 2018 and may be subject to the Freedom of Information Act 2000

Pavement Licences

Apply for a Pavement Licence under the Levelling Up and Regeneration Act 2023 requirements

Owners and managers of premises serving food and drink (such as bars, restaurants and cafes), where there is sufficient highway land immediately outside the premises, can apply for a temporary pavement licence to place removable furniture on that highway.

Advertising boards (A Boards) are not included in a pavement licence, and they are not allowed on the High Street. Any queries for A Boards will need to be directed to planning.

If you want to add permanent furniture to the highway, you must apply for permission under the Highways Act 1980 see Table and Chairs Permits section below.

About the process

We consider each application on individual merit. We will not process an application until you have given us all the information we need.

This also applies to variations and renewals.

The Levelling Up and Regeneration Act 2023 makes the changes introduced in the Business and Planning Act 2020 permanent. This means that we can streamline the application process to allow businesses to secure these licenses quickly.

The act also introduces:

a standard cap on all fees
an increased consultation period
an increased decision period
an increase to how long the licence is valid for
the ability for us to remove unlicensed furniture

During the application process, we have up to 28 days to determine a valid application. This includes a mandatory 14 day (not including Bank Holidays), public consultation period.

Full guidance for pavement licences is available on the GOV.UK website.

Before applying

Applications for a Pavement Licence must be accompanied by the following:

a completed application form
application fee
a plan showing the location of the premises defined by a red line, so the application site can be clearly identified
a plan clearly showing the proposed area covered by the pavement licence in relation to the highway, if not to scale, with measurements clearly shown. The plan must show the positions and number of the proposed tables and chairs, together with any other items that you wish to place on the highway. The plan shall include clear measurements of, for example, pathway width / length, building width and any other fixed items in the proposed area
the proposed days of the week on which, and the times of day between which, it is proposed to put the furniture on the highway
evidence of the right to occupy the premises (e.g. the lease)
photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied, including measurements of all furniture
evidence that the applicant has met the requirement with regards to the site notice has met (for example, photographs of the notice outside the premises and of the notice itself)
a copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £5 million
any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied

Site Notice

On the same day that you make an application for a pavement licence you must:

fix a notice of the application to the premises so that the notice is readily visible to, and can be read easy by, members of the public who are not on the premises
ensure that the notice remains in place until the end of the consultation period
the site notice must state that the application has been made
indicate that representations relating to the application may be made to the Local Authority during the public consultation period and indicate when that period comes to an end

Guidance for Businesses

Further advice and guidance for businesses on pavement licences under the Business and Planning Act 2020 is available on GOV.UK website.

Planning Permission

If a pavement licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid and remains in force. A separate planning application is therefore not required.

Public Consultation

Public consultation on the application starts on the day after the application has been made.

Applications will be checked to ensure that all the relevant information has been provided. If an application is incomplete, we will make contact with the applicant requesting the missing information. The consultation period will then start the day after the missing information is provided.

A representation can be made against an application for a premises within the consultation period.

Representation are made by:

responsible authorities
other persons

Please note that the objection must be received by the Licensing Team before the end of the consultation period, or it will not be accepted.

Determination of applications

At the end of the public consultation period we will determine the application, starting the first day after the public consultation ends.

At this stage we may either:

grant a pavement licence to the applicant, together with conditions
reject the application

If we grant your licence, to make sure you are complying with the terms of the licence. Your licence will be valid for two years from the date we approved it.

Objections and Appeals

The Business and Planning Act 2020 does not provide any statutory right of appeal against a decision to refuse or revoke a pavement licence. Nor is there a statutory right of appeal against any enforcement notice served on a licence holder. However, clear and justifiable reasons will always be provided if a licence is refused or revoked, or if an enforcement notice is served on a licence holder.

Licence to place tables and chairs on the highway

A Tables and Chairs Permit is granted by the local authority under the Highways Act 1980, allowing the permit holder to place ‘objects’ on the highway for ‘for a purpose which will result in the production of income.’ Tables and chairs outside hospitality premises are often permitted under this legislation.

Where it is proposed to place tables and chairs on the highway, which is maintained by the Highway Authority, then planning permission may also be required. It is recommended that applicants contact the local planning authority to confirm whether planning permission is needed for the proposed activity.

Permits can only be issued in respect of highways listed in section 115A(1) of the Highways Act 1980. A permit is not required on a privately maintained forecourt which cannot be accessed by the public.

Furniture may consist of tables, chairs, benches, umbrellas, barriers, outdoor heaters and other such items that the business requires for customer use. The Council will not authorise the use of A Boards under a Tables and Chairs Permit.

Applicants proposing to use their outdoor seating area for the sale and/or consumption of alcohol may require a premises licence, or a variation to their existing premises licence. It is recommended that applicants discuss this with the licensing authority to ensure that the correct licensing arrangements are in place.

The licence is granted for a 12 month period. For information on the relevant fee please visit our Licence fees page.

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.

Before applying

Applications for a Table and Chairs Permit must be accompanied by the following:

a completed application form
application fee
a plan showing the location of the premises defined by a red line, so the application site can be clearly identified
copy of your public liability insurance that covers the activity for third party and public liability risks, to a minimum value of £5 million
photos/brochures of the proposed type of furniture
evidence of the right to occupy the premises, for example, the lease
evidence of written consent from frontagers or evidence that consent has been requested from frontagers

Frontagers

‘Frontagers’ are owners and occupiers of any premises adjoining the part of a highway on, in or over which the objects are proposed to be placed
consent is required from the owners and occupiers of any premises adjoining the part of a highway between their premises and the centre of the highway where the permit has been requested. These persons are referred to as ‘frontagers’
where the permit requested relates to a walkway, consent is required from the owners or occupiers of the walkway
where the permit requested relates to land which is public highway, the consent of Hampshire County Council as the Highway Authority is required
consent will be treated as unreasonably withheld where notice has been served on the person whose consent is required and they fail within 28 days of the service of the notice to give the Council notice of their consent or their refusal

Plan

for any applications showing site outlines, we require that the applicant procure a base map plan from an authorised OS reseller such as Buy a Plan
the plan must be to the scale of 1:100, and this scale must be stated
the boundary of the area to be licensed must be outlined with a red continuous line
a hatched area showing a clear walkway of at least 1.5 metres, which must be maintained for the use of pedestrians
the location of access points leading to the entrance of the premises
a layout indicating where the furniture such as tables and chairs will be placed
indicated on the plan must be any tree, bollards, street lighting, cycle stands, taxi ranks, bus stops and/or anything similar

Planning Permission

A separate planning application may be required for the application.

Renewal Applications

an application for the renewal of a Tables and Chairs Permit must be received by the council before the expiry of the existing permit. In this case, a new plan is not necessary
if the extent shown on the existing plan(s) has changed or if a permit has expired, then a new application together with a new plan, proof of public liability insurance, frontage consent and payment of the full fee must be submitted

Site Notice

On the same day that you make an application for a Table and Chairs Permit you must:

fix a notice of the application to the premises so that the notice is readily visible to, and can be read easy by, members of the public who are not on the premises
ensure that the notice remains in place until the end of the consultation period
the site notice must state that the application has been made
indicate that representations relating to the application may be made to the Local Authority during the public consultation period and indicate when that period comes to an end