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Pavement Licence

The Government introduced measures through the Business and Planning Act 2020 to support businesses selling food and drink during the economic recovery while social distancing guidelines remained in place and subsequently to these restrictions ending, to enable a licence for obtaining permission for the placing of tables and chairs outside of your business on the pavement.

It is necessary and a legal requirement to get a pavement licence to place items outside a business on the public highway/pavement; this includes:

  • counters or stalls selling or serving food and 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 items used in connection with the outdoor consumption of food and drink.

Under The Levelling Up and Regeneration Act 2023 Schedule 22 the Government has amended the pavement licensing conditions in the Business and Planning Act 2020 which commenced on 31 March 2024 and makes this arrangement permanent and replaces the previous temporary process.

Some of the key points include:

  • There will be a £500 cap for new applications and a £350 cap for renewal (rather than £100 previously)
  • Local authorities will be able to grant licences for a length of their choosing, up to two years (local authorities are encouraged to grant licences for two years as standard)
  • The 7-day consultation and 7-day determination periods provided under the temporary regime, will be extended to 14 days for each (excluding public holidays).
  • The new guidance makes clear that a minimum width of 2000mm clear space should be provided between the obstacle and the edge of the footway. However, if this is not feasible due to physical constraints, then a minimum width of 1500mm could be regarded as the minimum acceptable distance.
  • Existing licence holders can retain their licences granted under the temporary regime until the expiration date on their licence.
  • The new pavement licensing provisions grants local authorities’ new enforcement powers. From the commencement date, local authorities will, with the consent of the licence-holder, be able to amend the licence in certain circumstances.
  • The Act also amends the Anti-social Behaviour, crime and Policing Act 2014 to includes pavement licences within the exemption from public space protection orders.
  • No pavement licences can now be granted under the Highways Act 1980
  • The legislation applies to England only.
  • The new pavement licensing provisions grants local authorities’ new enforcement powers. From the commencement date, local authorities will, with the consent of the licence-holder, be able to amend the licence in certain circumstances.

To apply for a Pavement Licence all applications will need to be submitted electronically (links below). Once a completed application is submitted and duly made there is now a 14-day consultation period beginning on the first day following the day on which the application was made. Applicants will be required to display a public notice at their premises throughout the 14-day period. The Council will send the details of the application to relevant authorities and the full application will appear on the Council’s website where it will be available for public consideration, this will allow for representation to be made.

Following the last day of the consultation period, there is also a further 14-day period for determination of the application, any representations, recommendations or adjustments. A site meeting may be requested.

By the end of the determination, the applicant will be informed of the Council’s decision.

The Licence may be granted with the standard conditions, or may granted with additional conditions specific to the site, or may be refused for reasons that will be clearly explained. If the Council does not make a formal decision about the application by the end of the determination period, the licence is deemed to have been granted.

Important note:

We are currently reviewing the fee for the granting of a licence and the period to be applied and the conditions below are liable for amendment.

As such please contact us if you wish to apply for a new Pavement Licence or renewing your current licence prior to making your application.

Documents to download

View the "Standard Conditions" to be attached to a Pavement Licence conditions

Download a Pavement Licence Application Form

Download a Pavement Licence Site Notice

For further advice on Pavement Licensing please call 0115 981 9911 or email licensing@rushcliffe.gov.uk

 

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Useful links

Pavement licences: guidance - GOV.UK (www.gov.uk)

 

Alcohol, Entertainment and Food Licences