Outdoor seating licence

Anyone wishing to place outdoor seating facilities on the public highway such as (but not exclusive to) chairs, tables, barriers, signboards, menu boards, parasols and associated structures, must first seek approval by applying for an Outdoor Seating Licence. This replaces any previously agreed café or pavement licences that may have been issued.

• Read the terms and conditions for an outdoor seating licence

How do I apply for an Outdoor Seating Licence?

If you wish to apply for an Outdoor Seating Licence you should:

1. Download and complete the Outdoor Seating Licence application form (Word, 83 Kb)
2. Email the fully completed application form to [email protected] along with:
• a copy of the public liability insurance with a minimum cover of £5 million
• a sketched plan or photographs of the outdoor seating area (including measurements) which should include the position of furniture (such as chairs, tables, barriers) in relation to your business, associated structures. Street names must also be clearly labelled.
• a copy of the 'notice of application' Please see point 3 below, and 'Why do businesses/premises have to display a notice for 5 working days'.
3. On the day you submit the application, you should fix a notice of the application to the premises that is visible and easily read by all members of the public using the highway. You can download a template notice (Word, 173 Kb). This notice must be visible for a period of 5 working days from the date the application is made, for which evidence should be kept.

Unfortunately we are unable to accept postal applications.

How much does an Outdoor Seating Licence cost?

Please see our statutory fees page for details.

How long is an Outdoor Seating Licence valid for?

Outdoor seating licences are valid for 12 calendar months after the date of issue.

The Outdoor Seating Licence is non-transferable in the event of the business being sold. If the new owners would like to continue to use outdoor seating facilities on the highway they must apply for a new licence within 1 month of ownership.

What will happen after I have submitted an application?

The application will be assessed which may include a Council Officer visiting the area, and meeting with the applicant and liaising with other Council colleagues or partner organisations as required. In addition, any representations made as a result of the notice will be considered as part of the consultation period.

You will be advised on whether or not your application is successful. In certain situations you may need to make adjustments to your application prior to approval for which you will be instructed.

If your application is successful you will be issued with your Outdoor Seating licence which will include a licence sticker that must be displayed in the window of the premises at all times.

In the event of dispute the final decision to grant an Outdoor Seating Licence will be that of the Principal Engineer (Network Resilience and Management).

Why do businesses/premises have to display a notice for 5 working days?

The Government's new Business and Planning Bill stipulates that a notice must be displayed for 5 working days. This allows members of the public to voice their support and/or concerns in relation to placing outdoor seating in the locations specified.

Applicants are encouraged to keep evidence of the notice being displayed in the event this is challenged, for example, a date stamped photograph of it in your window.

Applicants are also encouraged to engage with any services operated in the vicinity for vulnerable customers, for example, care home or disability organisations nearby where individuals may be at particular risk.

Members of the public who wish to make a comment in relation to a potential outdoor seating area can do so in writing by emailing [email protected]. If you do not have access email please call the Council's switchboard and ask for the Highway Enforcement Team. This must be within 5 working days of the business displaying the notice. Representations received after the 5 working day period will not be accepted.

Any representations made will be considered by the Council as part of the overall application when deciding whether or not a licence can be granted, this will be with 10 working days of the application being submitted.

You can view all the current outdoor seating consultations on our outdoor seating consultations page.

What happens if a business/premises places outdoor seating facilities on the public highway without a licence?

The following procedure will be followed if outdoor seating facilities are placed on the public highway without a licence:

1. A Council officer will visit the site where photographic evidence will be obtained along with other details such as the amount of space taken, the number of chairs and tables, and the name of the business/premises.
2. A verbal warning to remove all items off the highway within 24 hours and return it to normal highway use will be given in the first instance.
3. The verbal warning will be confirmed in writing and the business/premises will be informed they have five working days in which to apply for a retrospective licence or permanently remove the outdoor seating facilities if not already done.
4. Failure to act on the verbal/written warning will result in the issuing of a formal notice giving one month in which to remove all items. Items that remain on the highway after the notice period expires will be removed.
5. Where outdoor seating facilities are considered to present a danger - interpreted at officer’s discretion - they are to be removed as soon as possible.
6. Removed items will be stored and the owner notified that they are available for collection within 28 days.
7. In the event of removal, the Council will seek to recover all reasonable removal, storage, disposal and administrative costs. You may also be fined (up to £2,500) for operating without an Outdoor Seating Licence.

Please note: In the case of removal, there will be a charge of £50 per unit removed up to a maximum of £500 which also includes storage, disposal and administrative costs.

Unfortunately if the outdoor seating facilities are on private land no enforcement action can be taken.

Are there any other conditions about the outdoor seating licence I need to be aware of?

The repeat use of non-licensed or non-compliant outdoor seating facilities will result in the Council commencing further formal action which may include legal proceedings, a fine, revoking of the licence (and all the associated permissions).

Repeat breaches of the Outdoor Seating Licence and/or use of unlicensed outdoor seating facilities may result in the issuing of a formal notice without prior verbal or written warnings.

If removed outdoor seating facilities are not collected within the 28 day storage period they are to be disposed of following the obtaining of an appropriate magistrates order however the owner would still be liable to pay any costs incurred.

A-boards placed outside of the licensed outdoor seating area and fly posting will be dealt with in line with the relevant Council policy.

In the event of dispute the final decision on any enforcement action will be that of the Principal Engineer (Network Resilience and Management).

How can I report a concern over an outdoor seating licence?

The Council endeavours to deal with any non-licensed and/or non-compliant outdoor seating facilities as soon as reasonably possible but if you see what you believe to be a non-licensed and/or non-compliant outdoor seating facilities on the highway the quickest and easiest way to report it to us is by calling the Council's contact centre on 01274 431000.

Who will carry out the enforcement action?

City of Bradford Metropolitan District Council is the Highway Authority as defined under the Highways Act 1980 and therefore has a statutory duty to ensure that the highway, comprising of roads and pavements, is kept safe and free from obstruction.

As a result, enforcement action will be undertaken by the Council's Network Resilience and Management Team who are a part of the Planning, Transportation and Highways Service which forms part of the Department of Place.

How can I reclaim confiscated outdoor seating facilities?

The cost of removing the outdoor seating facilities will be calculated on a case by case basis. The relevant business/premises owner will be sent a bill for the costs via an invoice.

Upon receipt of payment we will liaise with individuals directly to arrange collection of the outdoor seating facilities.

Please note: individuals are still liable to pay any reasonable costs incurred regardless of whether or not they collect any removed outdoor seating facilities.

What is classed as a public highway?

'Public Highway' in this instance is defined as a footway, verge, carriageway or public right of way between the boundaries of private property which could be adopted or un-adopted.

Private land is excluded. Unfortunately, on occasions where outdoor seating is placed on private land adjacent to the public highway, the Council do not have any powers to enforce removal.

If the ownership of land is disputed the 'alleged' owner will be asked to provide evidence to the contrary to that recorded by the definitive Highway Record and/or Land Registry.

Please note: adopted/un-adopted highway may show that you have ownership on the title deeds however, the existence of a public highway on this land supersedes any land ownership rights (that is, the Highway Authority has precedence in legal consideration of activities in the highway land over the land owner).

Under Section 31 of the Highways Act the designation of highway may also arise from the use of land for an uninterrupted period of 20 years. Therefore the Council may consider that land which has not formally been dedicated or adopted is appropriately designated as highway.

Which laws and legislation allow the Council to licence and enforce outdoor seating facilities?

The following laws and legislation allow the Council to licence and enforce outdoor seating facilities:

• Highways Act 1980, Section 115E – Execution of works and use of objects etc. by persons other than councils.
• Highways Act 1980, Section 143 – Power to remove structures from highways.
• Highways Act 1980, Section 149 – Removal of things so deposited on highways as to be a nuisance etc.
• Town & Police Clauses Act 1847, Section 28 – Obstructions and nuisances

The Government's Business and Planning Bill 2020

For further information on the Government's Business and Planning bill and how that impacts outdoor seating please visit www.gov.uk/government/publications/pavement-licences-draft-guidance.