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.

Outdoor Heaters:  B&NES Council has declared a climate emergency and encourages reducing the use of fossil fuel in line with B&NES goal of achieving carbon neutrality by 2030.  We strongly recommend the use of Infra-red heaters wherever possible as a low carbon solution.

You can apply for either a:

The B&NES Public Health and Preventative Services Team are acting as statutory consultees for any Pavement Licence applications received from local businesses. As part of this consultation, we will support businesses by providing the relevant information to help meet the following criteria: 

PAVEMENT LICENCE

This is a temporary licence which is intended to help get businesses back up and running during the COVID-19 pandemic.

 

This will:

 

  • Cost £100 (how to pay)
  • Be subject to a consultation period of 7 days
  • Last until 30 September 2022
  • Not need planning permission

Please read the following guidance notes before you make an application.  We will not be able to process your application if you have not supplied all the information and documents required.

 

Pavement Licence Guidance Notes

Public Realm Guidance Notes

Temporary Alcohol Licensing Provisions 

Business and Planning Act 2020

 

In addition, based upon enquiries which have been received to date, here are some answers to frequently asked questions about pavement licences:

 

https://www.bathnes.gov.uk/services/business/licences/pavement-licence-and-tables-and-chairs-permit/pavement-licence-frequently

Extension  The Secretary of State has extended the duration of the temporary pavement licence provisions to 30 September 2022.  We have contacted all current licensees whose licences are due to expire on 30 September 2021 with details of how to apply for a new Pavement Licence that will be valid until 30 September 2022.

Pavement Licence Application Form

TABLES AND CHAIRS PERMIT

This is the permit that was required prior to the COVID-19 pandemic if you wanted to place tables and chairs outside your premises.  It will also be what you will need when the temporary pavement licences (above) cease to apply from 1 October 2021.  You may still apply for one of these permits now instead of a pavement licence if you wish.

This will:

  • Cost £133 (how to pay)
  • Be subject to a public consultation period of 28 days
  • Last until 30 April 2022
  • Require confirmation on whether planning permission is needed.
Please read the following guidance notes before you make an application.  We will not be able to process your application if you have not supplied all the information and documents required.

 

Tables and Chairs Permits Guidance Notes

Public Realm Guidance Notes

Part VIIA Highways Act 1980

Local Government (Miscellaneous Provisons) Act 1982

Tables and Chairs Permit Application Form

B&NES PUBLIC HEALTH AND PREVENTATIVE SERVICES TEAM

The B&NES Public Health and Preventative Services Team are acting as statutory consultees for any Pavement Licence applications received from local businesses. As part of this consultation, we will support businesses by providing the relevant information to help meet the following criteria:

Smokefree Seating Condition

The Business and Planning Act 2020 imposes a smokefree seating condition in relation to licences where seating used for the purpose of consuming food or drink has been, (or is to be) placed on the relevant highway. The condition requires a licence-holder to make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area. Ways of meeting this condition could include: 

  • Clear ‘smoking’ and ‘non-smoking’ areas, with ‘no smoking’ signage displayed in designated ‘smokefree’ zones in accordance with Smokefree (signs) regulations 2012.
  • No ash trays or similar receptacles to be provided or permitted to be left on furniture where smokefree seating is identified.
  • Licence holders should provide a minimum 2M distance between non-smoking and smoking areas, wherever possible. 

Public Health Coronavirus Government Guidance - 2.3 Keeping Customers and Visitors Safe

To reduce the risk of spreading COVID-19 and protect the health of customers and visitors in restaurants, pubs, bars, nightclubs and takeaway venues, please ensure your venues / businesses are adhering to the following considerations:

  1. Providing clear guidance on how to reduce the risk of spreading COVID-19 people before and when they arrive. For example by phone, on the website or by email, and with signage and visual aids.
  2. Encouraging customers to use hand sanitiser or handwashing facilities as they enter the venue.
  3. Ensuring outdoor, indoor and soft play areas are operated safely.

Please refer to this guidance for ways to effectively manage these considerations: https://www.gov.uk/guidance/working-safely-during-covid-19/restaurants-p...

A Boards

 

Please note that the Licensing Services team does not authorise the use of A Boards.  For information on the policy and regulations regarding A Boards please go to https://www.bathnes.gov.uk/services/business/business-support-services/advertising-boards-boards

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