Licence

Pavement Licence

Summary

To place tables, chairs or other temporary furniture on the pavement (where the pavement concerned is part of the public highway) you require permission from your local authority.

This is to ensure that adequate space is available for the safe and free movement of all highway users, and that consideration is given to the location of the amenity in terms of possible noise disturbance for local residents and nearby shops and offices.

Fee

£120 - Application Fee

£133 - Maintenance Fee

£45 - Transfer Fee

There is no renewal process; a new licence will need to be applied for on expiry of the previous licence.

Validity/Renewals

Unless a shorter period is specifically stated, all permits will be granted for one year from 1 April to 31 March.

Eligibility Criteria 

The Licensing Authority does not consider any planning permissions in issuing these permits as Licensing and Planning are two separate regimes.

To place the tables and chairs legally on the highway, you should have both these permissions in place.  Further information about planning permissions can be found at http://www.bathnes.gov.uk/services/planning-and-building-control/apply-planning-permission.

Application 

Applications must be in writing (including by electronic means) and must include:
  • the applicant's name and address;
  • the name and address of the premises for which permission is required;
  • an illustration or photo of the type, colour and dimensions of the furniture;
  • a site plan, to scale, indicating the dimensions of the area of highway to be used;
  • the fee.

 Application Form

New Applications only:  Please use this online application form

Renewals:  We will contact you before your permit expires to check for any changes.

Consultation 

On receipt of a valid application we will phone you to take payment by debit or credit card.  We will then consult with:

  • Development Control/Planning
  • Highways Department
  • Property Services
  • Police
  • Local Ward Councillor(s)
  • Adjacent Premises/Affected Frontages

A public notice will also be placed on the highway for a period of 28 days.

 Objections

Anyone wishing to make an objection to an application must give written notice of their objection to Licensing Services, stating the grounds of the objection, within 28 days of the date of the application.

Evaluation

We must allow 28 days for objections to be made.  If any objections are received, the application will be referred to the Council’s Licensing Committee for determination.

There is no statutory period for determining applications; however, we aim to determine applications within 90 days.

Conditions 

Permits are subject to a set of standard conditions.

The Council may also add conditions specific to your establishment if it considers it necessary.

Copy of standard conditions to be attached

Tacit Consent 

Tacit consent applies.  This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the 90 day target completion period.

Right of Appeal 

Please contact Licensing Services in the first instance.

An appointed arbitrator will determine if consent has been unreasonably withheld, and will adjudicate if there is disagreement as to conditions attached.

Customer Complaints 

If you have a complaint about a trader, we would advise you first to contact the trader – preferably by letter with proof of delivery.  If that is unsuccessful and you are in the UK, the Citizens Advice Bureau will assist you.  If you are outside of the UK, contact the UK European Consumer Centre.

If you believe a premises is placing furniture on the highway without permission, please contact Licensing Services.

Guidance 

Guidance Notes for Applicants Seeking Planning Permission

If you wish to sell alcohol you will need to apply for a Premises Licence under the Licensing Act 2003.

Please contact Licensing Services for further guidance.

Relevant Legislation

Trade Associations 

None

Further Information 

For details of premises with permission to place furniture on the highway, please visit our Licensing Database website.

Additional contact details.

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