If you want to trade from a public place or place furniture outside your premises in England, you usually need to choose between two different permissions:
- a street trading licence for selling or offering goods from a street or other public area
- a pavement licence for placing furniture outside a premises on the highway, usually for hospitality uses such as tables, chairs, barriers, or similar items
They are not interchangeable, and one does not automatically cover the other. The right route depends on what you are doing, where you are doing it, and which authority controls the location. You may also need planning permission, landowner consent, or other approvals alongside licensing. That is separate from licensing and should be checked directly with the council.
For route-finding, start with the UK business licence finder, then confirm the relevant council process and local conditions.
Quick comparison: which permission fits your activity?
| Use of space | Typical permission | What it usually covers | Issued by | Jurisdiction |
|---|---|---|---|---|
| Selling goods, food, or services in a street, market-style pitch, layby, promenade, or other public place | Street trading licence | Trading from a street or public place, subject to local rules and exemptions | Local authority / council | England and Wales under local street trading controls |
| Placing tables, chairs, benches, planters, barriers, heaters, or similar furniture outside premises | Pavement licence | Furniture placed on a highway adjacent to premises, mainly to support hospitality use | Local authority / council | England only |
| Doing both selling and outdoor seating | Both may be needed | Separate permissions for trading and for furniture on the highway | Local authority / council | Depends on location and activity |
If your site is near a highway, premises frontage, or shared public space, check whether you need one permission, several permissions, or a different consent altogether.
What a street trading licence is for
A street trading licence covers selling in a public place. Councils use street trading controls to manage trading activity in streets and other designated public spaces.
Typical examples include:
- a food van selling takeaway items
- a market stall on a public road or pedestrianised area
- a mobile trader stopping to sell from a fixed pitch
- a pop-up trader operating in a place covered by the council’s street trading regime
The legal framework is local and can vary by council. The GOV.UK licence finder is the right starting point, but it warns that the results may not include every required authorisation. That matters here because a street trading licence may sit alongside other approvals, depending on what you sell and where.
Who usually needs it?
You should check street trading rules if you are:
- selling in a street, on a pavement, or in another public place
- using a van, trailer, stall, kiosk, or portable setup
- trading from a pitch that is not part of your permanent private premises
- operating in a place where the council controls street trading, restricted areas, or designated consent streets
What evidence is commonly asked for?
Councils may ask for information such as:
- the exact location or pitch
- trading hours
- type of goods or food sold
- vehicle or stall details
- public liability insurance
- food hygiene or food business registration evidence, where relevant
- any other permissions needed for the site
If you sell food, also check the Food Standards Agency guidance on food business registration. It says businesses that sell, cook, store, handle, prepare, or distribute food generally need to register with the local authority, including home, mobile, temporary, and online operations. Registration is not the same thing as a street trading licence, and neither one replaces the other.
What a pavement licence is for
A pavement licence covers placing furniture on the highway outside a premises. It is mainly used by cafés, restaurants, pubs, and other hospitality businesses that want to use the space immediately in front of their premises for outdoor customer seating.
This is a permission to place furniture, not a general trading permission for the street.
Typical items include:
- tables and chairs
- benches
- barriers or screens
- planters or similar boundary items
- some temporary fixtures linked to outdoor use, subject to council policy
Who usually needs it?
You should check for a pavement licence if:
- your business has a premises frontage onto a highway
- you want to use the external area for customer seating or similar furniture
- the furniture would sit on council-controlled land or highway land
- you are operating hospitality service rather than street trading from a pitch
What evidence is commonly asked for?
Councils usually want:
- a site plan or sketch
- details of the furniture and layout
- evidence of the premises frontage
- how access will be maintained for pedestrians and disabled users
- photos of the area
- proof that the area is suitable for the proposed use
- any landowner consent if the land is not highway under council control
Do not confuse a pavement licence with planning permission or landowner consent. A pavement licence, where available, only deals with the use of the highway in that licensing regime. It does not grant broader rights over private land, and it does not remove the need to check planning controls where those apply.
When you may need both permissions
Some businesses need both a street trading licence and a pavement licence, because the two permissions cover different activities.
Common combined-permission scenarios
| Scenario | Street trading licence? | Pavement licence? | Why |
|---|---|---|---|
| A café wants tables and chairs outside its frontage, and also runs a takeaway counter from a pavement kiosk | Possibly | Possibly | Seating use and selling activity may each need separate approvals |
| A food van sells from a fixed public pitch and also sets out a small customer table area | Yes | Maybe not | Trading in public space is one issue; furniture on the highway is another |
| A pub uses the pavement immediately outside its premises for outdoor drinks service | Usually not, unless street trading also occurs | Yes | The key issue is furniture on the highway, not street selling |
| A market trader sells goods from a stall on a public street and also places barriers or a bench outside a nearby premises | Yes | Maybe | Each use of space may fall under a different regime |
| A premises owner allows outdoor furniture on private forecourt land, not highway land | Usually not | Usually not | Landowner consent and planning may matter more than licensing |
This is where businesses often get caught out: the same square metres of space can trigger different permissions depending on the activity.
England vs Wales: why jurisdiction matters
This comparison is not UK-wide in every detail.
- Street trading is a local-authority matter in England and Wales, but the exact controls and exempted activities depend on the council and the local legal framework.
- Pavement licences are an England regime. If your business is in Wales, do not assume the same pavement licence process applies.
That is why the first step is always to confirm the exact jurisdiction, highway status, and council area before you apply.
If you are unsure which route applies, use the LicenceApplication checklist and the UK business licence finder as a starting point, then confirm with the relevant council.
A simple decision framework for outdoor use
Use this sequence before you apply:
-
What is the activity?
- selling goods or food?
- placing furniture for customers?
- both? -
Where is the space?
- public street, pavement, highway, or other public area?
- frontage of your premises?
- private land? -
Who controls the land?
- council or highway authority?
- private landlord?
- your own premises boundary? -
What else is involved?
- food registration?
- alcohol licence?
- planning permission?
- landowner consent?
- waste, vehicle, or animal-related permissions? -
Which council policy applies?
- street trading rules
- pavement licence conditions
- hours, dimensions, pedestrian access, and local restrictions
This framework helps you route the application correctly without assuming one licence covers everything.
Worked example: café with outdoor seating and takeaway sales
A café in England wants to place four tables and chairs on the pavement outside its frontage, and it also sells takeaway coffee and pastries from the counter.
- For the tables and chairs on the highway, it may need a pavement licence
- For selling food from the premises, it may also need food business registration with the local authority, as explained by the Food Standards Agency
- If the business also operates a stall or sales pitch in a nearby public area, it may additionally need a street trading licence
In other words, the outdoor seating permission does not automatically cover the trading activity, and the trading permission does not automatically cover the furniture.
Don’t mix this up with other permissions
Outdoor business use often overlaps with other regulated areas. A few common examples:
- Alcohol sales: different licences may apply to premises, individuals, clubs, or temporary events. See GOV.UK alcohol licensing guidance.
- Vehicle-based trading: if you use a van or lorry, operator licensing may be relevant depending on weight, use, and carriage type. See the goods vehicle operator licensing guide.
- Waste carriage: if you carry hazardous waste, registration and duty-specific rules may apply. See hazardous waste carriers guidance.
- Animal-related activity: some pet sales, boarding, breeding, riding, or day-care activities need local authority licences. See the GOV.UK collection on animal activities needing licences.
- Gambling premises: premises, personal, and operator permissions can work in sequence. See the Dover Council premises licence guidance and the premises licence forms on GOV.UK.
These are separate routes, not substitutes for one another.
Council check before you apply
Before submitting anything, ask the council:
- Is the location treated as street trading land, highway land, or something else?
- Is the area within a consent street, prohibited street, or designated zone?
- Is the pavement licence regime available here?
- What is the exact definition of furniture, trading pitch, and frontage in this area?
- Are there additional planning, landlord, or highway approvals needed?
- What supporting documents does the council want?
For edge cases, get confirmation from the council or a suitably qualified adviser before you act. That is especially important where the site boundary, highway status, or mixed-use activity is unclear.
Choose the right public-space permission
If your business needs to sell in a public area, start with street trading. If you need to place furniture outside a premises on the highway, check for a pavement licence. If you are doing both, or your site involves mixed use, you may need more than one authorisation.
Start with the LicenceApplication checklist, then use the UK business licence finder and confirm the process with the relevant council before you apply.