Tables and Chairs on the Highway

If you wish to place tables and chairs on the highway (this includes any street or pedestrianised area), you will require a licence from the City Council under Section 115E of the Highways Act 1980. When applying for a licence you must provide the information outlined below. Failure to provide this information will result in your application being returned.

An application can be made using the online form. A fee of £225 is payable upon application. If you wish to apply by post, please contact the Licensing Department for a paper copy of the application form.

Once a valid application is submitted, the applicant must display a 'notice of intention' on yellow paper in the window of the premises. This must be displayed for 28 consecutive days, starting from the day after your application is submitted. Responsible Authorities and members of the public can submit representations in relation to your application, and these will be considered by the Council when determining the application. A template for the 'notice of intention' can be found on the right-hand side of this page. 

  • Consent from Frontagers

    The applicant should provide to the Council proof of written consent from all owners and occupiers of premises adjoining the highway on which the tables and chairs are being placed. These persons are known as the Frontagers.

    The applicant must supply to the Licensing Team the full address and contact details, including any email or telephone number, of any Frontager they have contacted. Where the premises owner is a company, the consent must be provided by an authorised officer of the company, who should confirm that he or she is duly authorised to give consent.

    The applicant should also check upon any renewal, in case the premises are sold to a new freeholder or to a new leaseholder during the course of the licence. The applicant would need the consent of the new frontager/s before the new licence could be granted.

  • A Site Plan

    The applicant must provide a clear plan showing the positions and number of the proposed tables and chairs together with any other items they wish to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area.

  • Public Liability Insurance

    The applicant must provide evidence that the Council is indemnified against any claim arising from the operation of the Licence by Public Liability Insurance cover of at least £5,000,000. 

  • Consent from the Highways Authority

    The Council will seek the consent of the Highways Authority after a valid application is submitted. This is to ensure that the tables and chairs do not cause an unacceptable impediment to the free flow of pedestrians using the highway (highways includes pavements and other pedestrian areas).

    An obstruction of the Highway is an offence under The Highways Act 1980 and will be dealt with by the Highways Authority or the Police. This may result in items placed on the highway being removed with little or no notice. 

  • Planning

    You may also need Planning Permission or Listed Building Consent from the Planning Department at Winchester City Council for the use of the land or building as a cafe or other food premises. The applicant should provide such authority (if required) to the Licensing Department.

    Planning approval, if required, must have been granted before an application will be considered by the Council.

  • Renewals

    A Tables and Chairs Licence can be renewed annually by submitting a renewal application form and £225 fee to the Licensing Authority at least 28 days before the expiry of the current Licence. A 'notice of intention' on yellow paper must be displayed in the window of the premises. This must be displayed for 28 consecutive days, starting from the day after your renewal application is submitted. Responsible Authorities and members of the public can submit representations in relation to your renewal application, and these will be considered by the Council when determining the renewal application. A template for the 'notice of intention' can be found on the right-hand side of this page.