Pavement Cafés

Licensing of Pavement Cafés Act (Northern Ireland) 2014
(Commencement) Order (Northern Ireland) 2016.

Pavement Café Licence

Under the Licensing of Pavement Cafés Act (NI) 2014, anyone running a food or drink business can apply for a licence to place tables and chairs on a public area for their customers.

This includes cafés, restaurants, pubs, takeaways, supermarkets with deli counters, and similar businesses.

Even with a licence, the café area remains a public space and is still under most public laws (except in some cases involving alcohol bye-laws).

Who can apply?

Anyone running a business that sells food or drink to the public can apply for a Pavement Café Licence.

Things to Consider Before Applying

Check if the area you want to use is suitable. The Council looks at:

• Pedestrian and vehicle access
• Size and layout of the café area
• Impact on nearby homes and businesses
• Furniture design and safety
• Likely noise or disturbance

Licences are usually allowed for use between 8am and 11pm, depending on the location and local circumstances.

Unlicensed Pavement Cafés

It’s an offence to place tables or chairs on a public area for customers without a licence.
The Council can remove unlicensed furniture and recover the cost of doing so.

How to Apply

Before applying, read the Pavement Café Guidance for Applicants to make sure your plans meet all the rules.

You’ll need to give:

1. Site location plan – showing the café area and nearby streets.
2. Proposed café plan – drawn to scale (at least 1:100) showing the café layout, nearby street furniture, and all measurements.
3. Furniture details – including photos or brochures of tables, chairs, umbrellas, etc.
4. Public liability insurance – minimum cover of £5 million.
5. Planning permission – if needed.
6. Risk assessment and control plan – if the café is away from your main premises or customers/staff must cross a public path.

Fees:

• New application – £400
• Renewal – £300

(Cheques payable to Newry, Mourne and Down District Council.)

Public Notice

When you apply, you must display a public notice on your premises for 28 days.
It must be easy to see and read from the street.
The Council will also publish your application on its website during this period.

You’ll need to sign a declaration confirming that the notice has been displayed for the full 28 days.

Consultation

You’re encouraged to speak with nearby property owners or businesses before applying.

The Council will also  meet with:

• Transport NI – to check safety and access
• Police Service NI – if your business sells alcohol
• Planning Department
• Other Council departments or relevant organisations

Application Decisions

Not all areas are suitable for pavement cafés, for example where pavements are narrow or very busy.
The Council will assess every application individually.

If your proposal doesn’t meet the criteria, you’ll be told why and refunded your administration fee.

You can appeal a refusal, suspension, or change to your licence at the Magistrates’ Court within 21 days of being notified.

How to Apply

Further information can be obtained from:

Newry Office                                                                                 
Licensing Section                   
Unit 19 Rampart Road
Greenbank Industrial Estate 
Newry, BT34 2QU

Downpatrick Office
Licensing Section
Downshire Civic Centre
Downshire Estate
Ardglass Road
Downpatrick, BT30 6GQ

Alternatively click on the links in the downloads section

Contact Details

Email: licensing@nmandd.org   

Telephone: 0330 137 4030