Under the Licensing of Pavement Cafés Act (Northern Ireland) 2014, it is an offence for businesses involved in the supply of food or drink (in or from premises) to members of the public to place furniture, for use when consuming food or drink, on a public area without a pavement café licence.
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What is a pavement café licence?
A pavement café licence authorises a person carrying on a business involving the supply of food or drink, in or from premises, such as cafés, restaurants, supermarkets with deli counters, pubs and hot food take-aways, to place furniture (tables, chairs, etc.) on a public area for use by customers.
Any person who carries on a business involving the supply of food or drink (in or from premises) to the public, may apply for a Pavement Cafe Licence. Council cannot, however, grant a pavement café licence for land clearly in private ownership.
How do I apply for a pavement café licence?
If you wish to apply for a pavement café licence, you must:
Submit a completed Application Form
You can download the licence application form here
Before submitting your application, please read our guidance document, which can be downloaded here
On the date you make an application, you must display a Public Notice, in the approved format, in a prominent position at your premises.
The Public Notice can be downloaded here:
Payment can be made in a number of ways:
Cash, by calling into the offices (do not send cash by post)
Debit / Credit Card by calling into the offices or paying over the phone – Tel. 028 71253253
Cheque, made payable to “Derry City and Strabane District Council”
Payment by “BACS” [details available on request]
Provide a site location map, showing the location of the premises, marked by a red line.
Provide a site layout plan clearly showing the dimensions of your proposed pavement café area and details of the furniture and its relationship with the existing streetscape.
Provide details of the furniture. It will be helpful if you include photographs, manufacturer’s brochures of proposed furniture or photographs of existing furniture.
Where the pavement café is to be located away from the main premises or patrons or staff will need to cross a public pavement to reach the café area, you must provide a management plan. The plan must outline how this will be done to protect the safety of staff, patrons and other persons using the pavement.
If is determined that a licence will be granted, we will also require evidence of adequate Public Liability Insurance cover (minimum £5M) for the pavement café area.
The Statement of Insurance that should be submitted to provide evidence, when requested by Council, can be downloaded here
Determining a licence application
Following receipt of an application, we will consult with:
Police Service for Northern Ireland (PSNI); and
other Council departments, organisations or individuals, as deemed appropriate.
Each application will be considered on its own merits. However, not every location will be suitable for a pavement café licence, for example, due to factors such as width restrictions, obstructions or heavy pedestrian flow.
If there are objections to the granting of the licence from interested parties such as DfI Roads, PSNI or other local businesses, we must take these into consideration when determining the application.
If objections cannot be resolved through mediation, the application will be referred to Committee for determination. If this happens, both the applicant and anyone who objects to the application, will have the opportunity to present a case to the committee.
If the application is refused by the Council you will be informed of that decision and the reasons why.
Should an application be refused, the applicant may appeal the decision to the Magistrates’ Court within 21 days of being notified of the Council’s decision.
How long does the process take?
We will aim to complete the process within 8 weeks from receipt of a valid application; however, if we receive objections and the application has to be referred to Committee for determination or if the information provided is unsatisfactory, the process may take longer.
Objecting to a licence application
If you wish to object to an application for a pavement café licence, you must do so in writing before the closing date for objections, outlining your reasons for objecting to the pavement café.
When a business applies for a pavement café licence, we publish information about their application. See “Current Applications”
To request an application pack by post, please contact us.