Temporary pavement café licences that were brought in during the COVID-19 pandemic. They've now changed under The Levelling Up and Regeneration Act 2023, which makes permanent the provisions set out in the Business and Planning Act (BPA) 2020.
If you own a café/restaurant or pub in Barnsley and want to place tables and chairs on the pavement outside the premises for customer use, you'll need a licence.
If you intend to serve alcohol outside, you need to speak to one of our licensing officers in our regulatory services team on (01226) 773555.
Businesses must operate the pavement café in accordance with the National conditions for Pavement Café licences.
Operation of service
The pavement café must have core hours between 8am to 10pm (outside of these hours is by consent only) and be in line with government legislation.
Set up of the outside area
The pavement café must:
- keep within the shop frontage
- provide pedestrian barriers with a lower tap-rail where possible
- have enough space to set out tables and chairs, and must leave a minimum of two metres for pedestrians
- have no music, live broadcasts or sports commentary
- have no barbecues, fire pits or naked flames
- control/clear litter and debris in the immediate area
- understand the placement of items other than tables and chairs is prohibited, including structures, gazebos, patio heaters etc
- remove all tables and chairs from the outside area, and thoroughly cleanse the highway of all litter and debris within 30 minutes of the maximum operating hours
- make sure the provision of tables and chairs on the highway will in no way adversely affect the setting of any listed building, conservation area or surrounding public area
Compliance
The pavement café must:
- have undertaken appropriate risk assessments
- supply copies of public liability insurance (minimum indemnity £5 million)
- remove any item placed on the highway if requested under statutory powers
- be prepared to move items if needed for statutory undertakers and highway works
Where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area. Ways of meeting this condition could include:
- Clear 'smoking' and 'non-smoking' areas, with ‘no smoking’ signage displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (Signs) Regulations 2012.
- No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
- Licence holders should provide a minimum two metre distance between non-smoking and smoking areas, where possible.
Further, business must continue to have regard to smoke-free legislation under The Health Act 2006, and the subsequent Smoke-free (Premises and Enforcement) Regulations 2006.
How to apply
Complete our online application to apply for a licence. In the online form you need to complete the application form.
You'll also need:
- a copy of your valid public liability insurance certificate (minimum £5 million)
- your risk assessment for the premises
- a plan, including the dimensions in metres, of the site to be occupied. The plan must include the location of any lighting columns, bollards, bins etc in the vicinity
You also need to:
- fill out a site notice and display this prominently in a public-facing window of the premises on the day that you submit your application
- send a photo of the site notice on display to roads@barnsley.gov.uk with the title: Pavement Café – The title of your business – FAO J Hadfield
We'll invoice you the fee upon completion and review of your application.