If you wish to place tables, chairs or other temporary furniture on the public highway you will need to complete an application for permission to provide café facilities on a public highway.

The Levelling Up and Regeneration Act 2023 makes permanent the provisions set out in the Business and Planning Act (BPA) 2020 that streamlined the pavement café licensing process.

The permanent regime set out in the Levelling Up and Regeneration Act 2023 commenced on 31 March 2024.

Transitional arrangements

Existing licence-holders can retain their licences granted under the temporary regime until the expiration date on their licence. After these existing licences expire, on or after 31 March 2024, businesses can reapply under the new permanent process described here.

To place tables and chairs outside your premises on the highway, you will need a pavement café licence under the Business and Planning Act 2020 as amended by the Levelling Up and Regeneration Act 2023 process.

Applicants that wish to place non-removable furniture onto the highway must apply for permission under the Highways Act 1980. You must obtain planning permission before applying.

Pavement café licence guidance notes

Pavement café licence conditions

Levelling-up and Regeneration Act 2023 (legislation.gov.uk)

How to apply

Download and complete the application form and send it to licensing@kirklees.gov.uk with the following:

  • Written confirmation from neighbouring premise (if applicable)
  • Photographs, brochures, or scaled drawings showing design, dimensions, colour and materials of proposed tables, chairs, parasols.
  • Photographs, brochures, or scaled drawings showing design, dimensions, colour, and materials of proposed means of enclosure.
  • Public Liability Insurance for £5,000.000 (five million pounds)
  • Photograph of public notice in situ
  • Evidence of completion of the Action Counters Terrorism (ACT) Awareness e-Learning by the named licence holder.
  • The cost of a new licence is £500. A renewal licence is £350.00.
  • A copy of the planning permissions if applying under the Highways Act 1980.
Download application form (Business and Planning Act 2020 as amended by the Levelling Up and Regeneration Act 2023) Download application form (Highways Act 1980)

After you've applied

  • You must display the public notice for businesses, organisations and members of the public to be able to read. The notice must remain in a location visible to all for the 14 days of the consultation period.
  • We will consider all the information you have submitted together with the consultation responses we receive and determine your application within 14 days.

Public notice template - Business and Planning Act 2020 as amended by the Levelling Up and Regeneration Act 2023

Public notice template - Highways Act 1980 section 115E

Design guide

Changing the conditions of an existing licence

If you wish to apply to change or vary the conditions of your existing pavement café licence you will need to submit a new licence application. We cannot vary an existing pavement café licence. All applications for a pavement café licence under The Levelling Up and Regeneration Act 2023 must follow the above process.

Contact Licensing

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