Applications for a pavement licence may be made by individuals, partnerships, limited companies and other organisations, but must relate to the use of a specific premises; the licence is not portable. The applicant must use, or propose to use, those premises for, or including:

• use as a public house, wine bar or other drinking establishment
• other use for the sale of food or drink for consumption on or off the premises

The minimum requirement is a proposed partial food and beverage element, which may be for consumption entirely off the premises. This does not just include traditional hospitality sector venues or licensed premises such as restaurants, cafés, pubs and bars, so food and drink retailers with no previous hospitality element, and even units with no previous food and beverage element may apply for a licence.

However, pavement licences do not add to or alter any entitlements the premises may or may not have to serve food or beverages. Such entitlements will still be covered in the normal way by: 

• the planning regime
• the licensing regime where the activity is a licensable activity (e.g. the sale of alcohol)
• registration requirements for food businesses
• (where relevant) the provisions of tenancy agreements including user clauses
• (where relevant) land covenants

The premises must be adjacent to the public highway, but this does not necessarily mean that the licenced area must be contiguous to or abutting the frontage of the premises - somewhere very near may suffice.