Café tables, heaters and barriers on a footway can block a mobility scooter as effectively as a parked car. In England the placing of removable furniture on the pavement outside food and drink premises is controlled by pavement licences, and the official guidance sets out how councils must treat the needs of disabled people. This guide summarises that GOV.UK guidance for scooter users. It applies to England only; the guidance says so, and it does not describe the position in Wales, Scotland or Northern Ireland. For general pavement widths see the guide to how wide a pavement should be. This is general information, not legal advice.
What a pavement licence allows
According to the guidance, a pavement licence is granted by the local authority and allows a business that sells food or drink, such as a cafe, bar or restaurant, to place removable furniture over certain highways next to its premises. Permitted items include tables, chairs, counters, umbrellas, barriers and heaters used with outdoor eating and drinking. The regime was made permanent by the Levelling Up and Regeneration Act 2023 and the permanent arrangements began on 31 March 2024. A licence can last for up to two years.
The guidance states that where a licence is granted, clear access routes must be maintained, taking into account the needs of all users including disabled people.
The no-obstruction condition
Every licence granted under the Business and Planning Act 2020 route carries a national no-obstruction condition. When deciding whether furniture is an unacceptable obstruction, the guidance says councils must consider the needs of disabled people, and it lists matters to weigh.
- Widths. The guidance draws on the Department for Transport’s Inclusive Mobility guidance. It says a footway of 2000mm is the normal minimum, as that allows two wheelchair users to pass even if they are using larger electric mobility scooters, and that 1500mm could be regarded as the minimum acceptable gap between two obstacles under most circumstances, enough for a wheelchair user and a walker to pass. Councils are told to take a proportionate approach where physical constraints make this impossible.
- Barriers. Colour contrast and a tapping rail may help people with sight loss to navigate around furniture. The guidance adds that barriers must not themselves obstruct people with mobility impairments.
- Pedestrian routes. Furniture should not conflict with the main lines of pedestrian movement or force pedestrians into the road. The route must be entirely clear.
- Cumulative impact. Several licences close together can build up furniture in one area.
- Stability. Furniture should be non-reflective and heavy enough not to be pushed or blown over, and the guidance says a council could refuse lightweight plastic patio furniture unless measures keep it in place.
A-boards are not covered
The guidance says advertising boards are not within the definition of furniture in the pavement licensing regime and should not be used as barriers. An A-board needs consent under the Highways Act 1980 and also express advertising consent under the Town and Country Planning Regulations 2007. A board standing in a licensed area is therefore a separate issue from the licence for tables and chairs.
Having a say on an application
The guidance requires an applicant to fix a notice to the premises on the day of application, and it must stay up for the 14-day public consultation, which starts the day after the application is submitted and does not count public holidays. Councils must publish the application and must take account of representations from members of the public received during that period. After consultation the council has a further 14 days to decide; if it does not decide in time, the licence is deemed to be granted for two years, subject to local conditions published in advance. The consultation window is therefore the practical moment to raise concerns about a narrow footway.
The guidance says there is no statutory appeal against a decision, although councils may offer an internal review.
If tables are blocking the route
The guidance says a council can issue a notice requiring a breach of a licence condition to be remedied, and if the holder does not comply it may amend or revoke the licence. Revocation grounds include evidence that the arrangement of furniture prevents disabled people, older people or wheelchair users from passing along the highway or having normal access to the premises. Where furniture that a licence could cover is placed without one, the council can require its removal and, if the business keeps putting it out, remove and store it and recover the cost.
FAQs
Does the guidance apply in Wales, Scotland and Northern Ireland?
No. The guidance states that the process applies to England only.
Is a cafe allowed to use A-boards under a pavement licence?
No. According to the guidance, advertising boards fall outside the licensing regime and need separate consents.
Can the public object before a licence is granted?
Yes. The guidance says members of the public can contact the council to make representations during the 14-day consultation.
The bottom line
For scooter users in England the key points are the national no-obstruction condition, the guidance’s reference to 2000mm as the normal minimum footway width and 1500mm as the minimum acceptable gap between obstacles, and the fact that A-boards sit outside the licence. The consultation window is the time to object, and councils can amend or revoke a licence where furniture blocks wheelchair users. This is general information, not legal advice.
Sources
- Pavement licences: guidance (gov.uk)