The new Business and Planning Act 2020 proposes a new 'Pavement Licence' regime, to be administered by local authorities. This is designed to help premises such as bars,pubs, cafes and restaurants to seat and serve customers outdoors through temporary changes to planning procedures and alcohol licensing. This will allow them to operate safely while social distancing measures remain in place throughout the country.
Please be aware that all licence holders must adhere to the latest government guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, Bars and takeaeway services.
What is a Pavement Licence?
A Pavement Licence is a licence granted by the local authority which allows the licence holder or premises owner to place removable furniture over certain highways adjacent to the premises in order to make to make easier to serve food and drink from the premises, and help them maximise their capacity with outdoor tables and chairs.
Businesses that are eligible for this permission include those intending to use the premises for the sale of food or drink for consumption (on or off the premises). Thses include public houses, cafes, bars, restaurants, snack bars, coffee shops and ice cream parlours. The furniture that may be used is:
- Counters or stalls for selling 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, and not a fixed structure. In principle this means it should be able to be moved easily, and stored away when not in use after the premises is closed.
Licences can only be granted in respect of highways listed in section 115A(1) Highways Act 1980. Generally speaking these are footpaths resticted to pedestrians or are roads and places to which vehicle access is restricted or prohibited.
How much do applications cost?
The fee for a Pavement Licence issued by Erewash Borugh Council is £100
How long are pavement licences valid for?
No pavement licence granted by this authority will be valid beyond 30 September 2021. Local authorities are expected to grant licences for 12 months or more unless there are significant reasons for granting a licence for a shorter period, such as plans for changes to the highway or road space.
The application process
The Council will only consider an application for a pavement licence in accordance with the specified conditions. Before making an application you must read and understand the Schedule of Conditions (PDF 260kb).
The licence can only operate between the hours of 9.00am and 11pm. Further restrictions on operating hours may be applicable at some locations and you will be advised if these restrictions apply at your location.
It is a condition of the licence that a clear pedestrian route along the highway must be maintained at all times compliant with the current social distancing requirements and current social mobility requirements for pushchairs and wheelchair/mobility scooter users, which is no less than 2m wide and where there is high pedestrian footfall shall be no less than 2.5m. This distance shall be measured from the furthermost edge to the barrier to the nearest kerbside. If you cannot achieve this clearance then you cannot apply for a pavement licence.
An application must provide the following information to the local authority;
- specify the premises, and part of the relevant highway to which the application relates
- contain a plan showing the location of the premises and a red line covering the area of the proposed pavemnet licence
- specify the the purpose for which the outdoor area will be used, which must be to sell or serve food or drink, or for consumption of food or drink
- specify the days of the week and the hours which it is proposed to be used
- descibe the type of furniture to be used, for example tables, chairs and/or stalls
- be acccompanied by evidence of public liability insurance
- any other information as required by the local authority
Application forms must be be downloaded, completed and sent back to the council by Email, and contain all the requested documention. The fee can be paid via our contact centre by ringing 0115 9072244.
Application Form for a Pavement Licence (PDF373.76 KB).
In the first instance the applicant is encouraged to talk to neighbouring businesses and occupiers prior to applying to the local authority, and so take any issues around noise and nuisance into consideration as part of the proposal.
The applicant must also display a public notice at the premises so it is easily visible and legible to the public. This must be displayed on the day the application is made to the local authority. The notice must be displayed for the public consultation period which is the period of 7 days beginning with the day after the application is submitted to the authority. Applicant sare asked to keep evidence of this notice being displayed such as a photograph.
Please see the Public Notice (docx) required.
For further information on pavement licences please contact the Licensing Department using the details below:
Erewash Borough Council
Call: 0115 9071113