Pavement licensing fees set at maximum allowed but still don’t cover cost to council

Westminster Council has set its “pavement licensing” fees at the maximum allowed amount of £500 for new applications and £350 for renewal applications — a price that still falls short of the cost of running the scheme.

Pavement licensing covers the operation of businesses such as cafes, restaurants, pubs and bars which want to place tables, chairs and other furniture on the public highway so that customers can eat and drink outside.

Prior to 2020, businesses had to apply for both planning permission and a tables and chairs licence if they wanted to seat customers outside on the footway. The City of Westminster Act set a sliding scale of fees based on the number of chairs applied for with additional charges for use after 7pm.

As a result of the Covid pandemic restrictions, the government brought in temporary legislation to make it cheaper and easier for businesses to accommodate customers seated outside on the footway and in the carriageway.

“The Business and Planning Act 2020 initially set the fee up to a maximum of £100,” states a report to the licensing sub-committee on 25 April.

“This was a significant reduction from the fees for tables and chairs licence under the City of Westminster Act and did not cover the Council’s costs of processing, inspecting, monitoring and enforcing the pavement licensing regime.”

The commencement of the Levelling Up & Regeneration Act 2023 on 31 March 2024 makes permanent the previous legislation but sets new licence fees as well as rules covering the application process, public consultation and enforcement of the scheme.

Pavement licensing applications will now undergo a 14-day public consultation period with a further 14 days allowed for the council to make a decision. There will be no need for a separate planning application and no appeal on decisions will be allowed.

Westminster Council officers want to set the fees at the maximum amount allowed because even at that level it will still not cover the cost of “inspecting, monitoring and enforcing the pavement licensing regime”, states the report to the sub-committee.

The Council must consider various factors when determining pavement licence applications, including public safety, and possible noise nuisance to nearby residents.

Placing of furniture outside for people to eat and drink can make it difficult for pedestrians to navigate the sometimes cluttered pavements.

So decisions and enforcement must take into account the Equality Act 2010 to ensure fooways are kept clear of obstacles, and the needs of people with mobility and visual impairments are taken into consideration.

Conservative councillor for Marylebone ward, Karen Scarborough, raised a concern about the enforcement of pavement licensing.

“A lot of people are looking to extend the licences for tables and chairs to 11pm and we’ve got no enforcement,” she told the sub-committee. 

“There’s no enforcement after 7pm and no enforcement at the weekend. The reality is these places are not being checked after 7pm and at weekends, and that’s the time that we know these tables and chairs cause the most antisocial behaviour,” she said.

A council officer responded saying the government “set the fee on the cost of the processing, not on the cost of enforcement”.

The duration of each licence is to be decided by a full licensing committee meeting on the 3 July.

A six months’ duration is expected to be recommended by officers despite the government advising a maximum of two years. Council officers have stated that if someone applies for a longer licence it will be determined “on its merits”.

Westminster City Council: Licensing Urgency Sub-Committee, 25 April 2024. Pavement Licensing Register.