The Business and Planning Act 2020 commenced with effect from 22nd July 2020 and includes a streamlined process for applications to be made for a pavement licence.
A pavement licence allows the licence holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.
Businesses, which sell food or drink for consumption on and off the premises may apply for a pavement licence.
There is a streamlined process to allow businesses to apply for a licence and where it is granted a licence will be valid until, but not beyond, 30 September 2021.
We want to support businesses to open and we know the vast majority will do this responsibly, however, we are also aware that we need to protect our wider communities. If conditions aren't being complied with, or one of the circumstances (detailed in the guidance enforcement section referred to below) occurs, a notice which requires the issue to be rectified can be issued, or the licence can be revoked.
Full guidance can be found here Pavement Licences (outdoor seating proposal)
The legislation can be found here Business and Planning Act 2020
We recommend that applicants take time to read both the guidance and the set of conditions shown below before making an application to ensure that the requirements can be complied with.
Conditions can be found here
- Complete the application form and provide supporting documents, public liability insurance, plan of area to be used, a copy of the notice on site and a picture of the notice in place on the premises.
- Pay the application fee of £100 (non-refundable)
- Display a notice at the premises advertising the application starting from the day the application is submitted. The end of consultation period is 7 days from the day after the application is made
- Comply with the "national conditions" and any other general conditions on the licence.
- The process takes 14 days (7 day consultation period and 7 days to determine the application).
Our online form can be found at the following link: Application for a pavement licence
Once the information is submitted there are 14 days from the day after the application is made (excluding public holidays) to consult on, and determine the application. This consists of 7 days for public consultation, and then 7 days to consider and determine the application after the consultation.
The consultees for the application are: Highway Authority, Police, Environmental Health, Neighbourhood Services, Planning and Parish/Town Council
What kind of furniture can be used?
- counters or stalls for selling or serving food or drink;
- tables, counters or shelves on which food or drink can be placed;
- chairs, benches or other forms of seating; and
- umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.
This furniture is required to be removable. In principle removable means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.
If a condition imposed on a licence is breached, a notice requiring the breach to be remedied may be issued and action to cover costs may be taken.
A licence may be revoked in the following circumstances:
- For breach of condition, (whether or not a remediation notice has been issued) or
- There are risks to public health or safety - for example by encouraging users to breach government guidance on social distancing by placing tables and chairs too close together;
- the highway is being obstructed (other than by anything permitted by the licence);
- there is anti-social behaviour or public nuisance - for example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up;
- it comes to light that the applicant provided false or misleading statements in their application - for example they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed;
- the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period
- The local authority may also revoke the licence where all or any part of the area of the relevant highway to which the licence relates has become unsuitable for any purpose for which the licence was granted or deemed to be granted. For example, the licensed area (or road adjacent) is no longer to be pedestrianised. It is good practice for local authorities to give reasons where these powers are used.
If your application is not determined within 14 days from the day after the application is made (excluding public holidays), your application will be treated as being granted.
There is not a statutory route to appeal decisions.