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Pavement Café Permission

Pavement Cafés are areas of the public highway on which tables and chairs may be placed and where food and/or drink is consumed.

The Council has to ensure that the public's right to use the highway are not detrimentally affected if permission is granted to operate a pavement café. It is important to ensure that pavement cafés are located, designed and managed in a way that protects the rights and users, particularly pedestrians. Prior to making application it is advisable to contact Traffic Management at the Council.  The Council's policies, standards and byelaws also need to be adhered to.

There are two main types of permission which have to be obtained from the City Council:

  • Highway permission under the S.115E of the Highways Act 1980 for permission to place the tables and chairs on the highway under the terms of the Highways Act 1980. You should be aware that Newcastle City Council cannot grant permission unless it obtains the consent of interested frontagers.
  • Planning permission for the change of the use of the highway to a pavement café, (This applies even if you already operate food premises adjacent to the site of the proposed café).

If you wish to serve alcohol at the pavement café you will require a Premises Licence from the City Council as Licensing Authority. If you operate existing adjacent premises for which you hold a premises licence you will need to make an application to vary the licence to cover the pavement café.

How to apply - New application

Pavement Café online application form

  • Enclose scale plan of proposed area including all measurements of the proposed area and any obstructions on the highway
  • Enclose proof of Public Liability Insurance in the sum of £10m (£5m if the premises is located outside of the city centre) for the operation of a pavement café
  • Fee of £615
  • You also need to apply for planning permission.

How to apply to Continue Permission

Pavement Café online renewal form

  • Enclose proof of Public Liability Insurance in the sum of £10m (£5m if the premises is located outside of the city centre) for the operation of a pavement café
  • Fee of £300.

Will Tacit Consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard by the end of the target completion period which is 56 days (subject to receipt of any representations) from the date of submission of all correct and relevant information.

Contact: Licensing Authority, Public Safety and Regulation, Civic Centre, Newcastle upon Tyne NE1 8QH
licensing@newcastle.gov.uk

Did you know?

In order to operate a pavement café you require highway permission under the S.115E of the Highways Act 1980 for permission to place the tables and chairs on the highway and planning permission for the change of the use of the highway to a pavement café.

 

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