The Act streamlines the process of obtaining permission for the placing of tables and chairs on the highway, adjacent to your premises. This new legislation is temporary and initially only applied until 30 September 2021. The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 has now extended temporary Licences up to 30 September 2022.
It is important to note for those businesses who have an existing Pavement Licence that expires on 30 September 2021, there will be a requirement under the 'Act' to submit a new application. Please contact the licensing team for details.
NOTE: There is now a fee of £75.00 for a new pavement licence.
You must complete our Broxtowe Pavement Licence application form. All applications and documentation must be submitted electronically.
Are You Eligible?
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 it 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). These 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.
Licences can only be granted in respect of highways listed in S115A(1) Highways Act 1980 (Opens in a New Window). Generally speaking, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited.
How We Process Your Application
Once a properly completed application is submitted there is a 7-day consultation period beginning on the first day following the day on which the application was made. Applicants are required to display a public notice at their premises for a 7 day consultation period, beginning on the day following submission to the Council. Members of the public will be able to comment on the application.
The Council will also consult with other relevant authorities and display the application on the Councils website. Following the 7 day consultation period, there is a further 7 day determination period to consider any representations, recommendations or comments. Applicants will be notified of the Council’s decision following the determination.
The licence may be granted subject to the Councils Standard Conditions. There may also be additional conditions specific to the site, if appropriate. If the licence is refused, clear reasons will be provided.
How long is a Pavement Licence valid for?
Broxtowe Borough Council will issue Pavement Licences for a 12 month duration. However no licence will be valid beyond 30th September 2022.
How much does a Pavement Licence cost?
An application for a pavement licence will cost £75.00 and will be valid until 30th September 2022.
Notice of Application
Under the Business and Planning Act 2020, the Licencing Authority is required to advertise applications for the grant of a Temporary Pavement Licence.
Members of the public can contact the Council to make representations in respect of an application during the 7 day public consultation period, starting from the day after the application is submitted (excluding public holidays). Please see the date on the notice.
Representations should be submitted by email to email@example.com and should quote the premises and clearly state the grounds for the representation.
You can view all applications on our Licensing Act Notices webpage.
Where a pavement licence is granted, clear access routes on the highway will need to be maintained, taking into account the needs of all users, including disabled people.
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.
For further advice on Pavement Licensing please contact the Licensing Team:
call 0115 917 3282 or email firstname.lastname@example.org