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Pavement Cafe Licensing

Pavement Café are becoming a familiar sight across the UK and Ireland.  They can help develop a local café culture, which in turn can have a positive effect on urban environments, promote town and city centres, contribute to the general well-being of communities and appeal to tourists.

Well-regulated pavement café can contribute to an excellent visitor experience, enhance the attractiveness of a local area and encourage visitors to stay longer and spend more.

What is a Pavement Café Licence?

A Pavement Café Licence authorises a person who carries on a business involving the supply of food or drink (in or from premises) to place furniture (tables, chairs etc.) on a public area for use by their customers. This includes cafés, restaurants, pubs, retail outlets providing refreshments, takeaways, supermarkets with a deli counter, etc. 

Note: A licensed pavement café area will remain a public place for the purpose of public order, environmental or other legislation.   

Who may apply?

Any person or persons who carry on a business (in or from a premises) involving the supply of food or drink to the public, may apply for a Pavement Café Licence.  

Is the area you want to use suitable for a Pavement Café?

In determining is an area is appropriate for a pavement café licence, the Council will consider:

  • Pedestrian and vehicular access. 
  • Size and layout. 
  • Likely disturbance to other businesses or residents. 
  • Furniture design. 
  • Safety issues. 

In general, the pavement café area will need to be set-up immediately adjacent to the premises.  However, a licence for a remote café may be granted if conditions are met,

Provisions

Under the provisions of Licensing of Pavement Cafés Act (Northern Ireland) 2014 (legislation.gov.uk), councils may grant Pavement Cafe Licenses on such terms and conditions, and subject to such restrictions, as may be reasonably specified in the licence.

In specifying any terms, conditions or restrictions, councils must consider the guidelines provided by the Department for Communities (the Department) Pavement cafes | Department for Communities (communities-ni.gov.uk)  They highlight the key legislative responsibilities of district councils, the criteria to be met, and the procedures to be followed, when dealing with applications and the conditions under which pavement cafe areas should operate.

Additionally, district councils, through the Licensing Forum Northern Ireland (LFNI), have produced supplementary guidance to assist with the administration and to promote consistency of approach across Northern Ireland. However, it is not intended that this guidance should be treated as a complete and authoritative statement of the law which is contained only in the Act and Regulations made under it.

Guidance for applicants

The Ards and North Down application pack, including Guidance Notes, and 28 days notice can be downloaded below:  

Pavement Cafe Application Pack 2024 (Word doc) [638KB](opens new window)

Pavement Cafe 28 Days Notice (PDF) [102KB](opens new window)

Summary of Fees Pavement Cafe 

Application  (£157 admin fee non-refundable + £83)£240
Renewal (£110 admin fee non-redundable + £50)£160
Variation of Licence  (£91 admin fee non-refundable)£91

Should you require any further information please contact the Licensing Service on 0300 013 3333 extension 40403 or email licensingandregulatoryservicesteam@ardsandnorthdown.gov.uk

 

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