What is a Pavement Licence?
A pavement licence allows a business which sells food or drink (e.g. cafes, restaurants and bars) to place removable furniture on the highway outside their premises during the opening times of the business.
What furniture is covered by this licence?
The permitted furniture includes the following, and must be removable as it will need to be stored away when the premises are closed:
- 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.
Once this licence is granted is it a permanent addition to my business?
No. The licence will remain in force until 30 September 2022.
Can a pavement licence be revoked if it causes problems for local residents?
Yes. It can be revoked for any of the following reasons:
- There is a breach of the conditions attached to the licence.
- There is a risk to public health or safety.
- The highway is being obstructed.
- There is anti-social behaviour or public nuisance.
- It comes to light that the applicant provided false or misleading statements in their application
- The applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.
- 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 (for example, the licensed area (or road adjacent) is no longer to be pedestrianised).
How do I apply for a pavement licence?
You will need to complete four steps:
1. Consult with your neighbours
You should talk to neighbouring businesses and occupiers about your intention to apply for a licence. Any issues they may have around noise, nuisance etc. should be taken into consideration when submitting your application.
2. Read the guidance notes
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
3. Complete the application form
Complete and submit the online application form.
4. Display a notice at your premises
You must display a notice at the premises on the day you submit your application, and ensure it remains in place for the duration of the public consultation.
How much does it cost?
£100 per application.
What happens once the information is submitted to the local authority?
Once the information is submitted to the Council, we have 10 working days from the day after the application is made (excluding public holidays) to consult on, and determine, the application. This consists of 5 working days for public consultation, and then 5 working days to consider and determine the application after the consultation.
How long will it last?
The licence will remain in force until 30 September 2022.
If I have an existing tables and chairs permit, can I vary it?
No. You will need to make a new application if you wish to make any changes to your existing permit.
I would like to apply for a pavement licence to have outdoor seating and serve alcohol to my customers. Can I do this?
If you already hold a premises licence which includes on-sales, under the new legislation you will also be able to provide off-sales to customers.
Where will pavement licence applications be advertised?
All applications will be advertised on our public register at https://www.bathnes.gov.uk/webforms/licensing/
Email firstname.lastname@example.org during the consultation period, giving your reasons for objection.
How long is the public consultation period for a pavement licence?
Five working days (excludes weekends and public holidays).
How is the pavement licence determined?
If no objections are received, the licence will be issued. If objections are received, the Group Manager for Building Control and Public Protection will make the decision after considering all representations.
If the Council does not determine the application before the end of the determination period (which is 5 working days beginning with the first day after the public consultation period (excluding weekend and public holidays), the licence is deemed to have been granted for a year (but not beyond 30 September 2022).