Pavement Licence guidance

The fee for applying for a pavement licence is £100, an application must be made on a standard form and must:

• specify the premises and, the part of the relevant highway to which the application relates
• specify the purpose (or purposes) for which the furniture will be used which must be to sell or serve food or drink, and or for use by other people for the consumption of food or drink (in both cases the food or drink must be supplied from, or in connection with relevant use of the premises)
• specify the days of the week on which and the hours between which it is proposed to have furniture on the highway
• describe the type of furniture to which the application relates, for example: tables, chairs, and or stalls
• include photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied
• specify the date on which the application is made
• contain or be accompanied by such evidence of public liability insurance in respect of anything to be done pursuant to the licence
• include a plan showing the location of the premises shown by a red line, so the application site can be clearly identified
• include a plan clearly showing the proposed area covered by the licence in relation to the highway, and other permanent street furniture for example bins, benches, with measurements clearly shown
• confirmation of the right to occupy the premises for example, the lease
• confirm how social distancing measures and how any local and national conditions will be satisfied
• evidence that the applicant has met the requirement to give notice of the application

The applicant is required to affix a prescribed notice to the premises, so it is easily visible and legible to the public on the day they submit the full application including plans and measurements to the local authority. They must ensure the notice remains in place for the public consultation period which is the period of 7 days beginning with the day after the day the application is submitted to the authority, public holidays are not included. Applicants are required to keep evidence of this.

The local authority will publish the application on their website and publicise the fact that representations may be made during the public consultation period and when that period comes to an end.

Consultation

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. Applicants are encouraged to engage with any services operated in the vicinity for vulnerable customers, for example, care home or disability organisations nearby where individuals may be at particular risk.

The local authority must consult the highways authority. The recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people and other users of space are set out in Section 3.1 of Inclusive Mobility

Highways considerations:

• Section 3.1 of Inclusive Mobility sets out a range of recommended widths which would be required, depending on the needs of particular pavement users, but is clear that in most circumstances 1500mm clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway
• barriers to separate furniture from the rest of the footway so that the visually impaired can navigate around the furniture, such as colour contrast and a tap rail for long cane users (in some cases, it may be appropriate to use one or more rigid, removable objects to demarcate the area to which the licence applies, for example wooden tubs of flowers however, this will need to be balanced to ensure any barriers do not inhibit other street users, such as the mobility impaired, as such barriers may create a further obstacle in the highway)
• any conflict of street furniture with the principal lines of pedestrian movement particularly for disabled people, older people and those with mobility needs (the positioning of furniture should not discourage pedestrians from using the footway. The available route must be entirely clear and not pass through an area with tables and chairs)
• where possible furniture is non-reflective and of reasonable substance such that it cannot easily be pushed or blown over by the wind, and thereby cause obstruction - for example, plastic patio furniture, is not suitable
• any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space (this could include pedestrianised streets and any subsequent reallocation of this space to vehicles
• whether there are other permanent street furniture or fixed structures in place on the footway that already reduce access
• other users of the space, for example if there are high levels of pedestrian or cycle movements

The local authority will need to consider a number of additional factors, when determining whether to approve the application. The local authority will also consult with:

Licensing Service, Cleveland Police, Counter Terrorism Security Advisors, Environmental Health, Cleveland Fire Service, Civic Enforcement Service, Trading Standards, Public Health, Ward Councillors.

Other Issues to consider include:

• public health and safety including security - for example, ensuring that uses conform with latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening any other social distancing measures in place, for example any queuing systems that limit the space available on the pavement
• public amenity - will the proposed use create nuisance to neighbouring occupiers by generating anti- social behaviour, no smoking provision, litter
• accessibility - taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users
• reasonable provisions for setting where smoking is prohibited, for example clear smoking and non- smoking areas, signage, ashtrays only in smoking areas, ad 2m between areas where possible

Members of the public can contact the local authority to make representations. Local authorities must take into account representations received from members of the public during the public consultation period.Further information can be found at on our current consultations and applications page.

There is no statutory appeal process for these decisions.

Determination of application

Once all the information required is submitted to the local authority, the authority has 14 days from the day after the application is made (excluding public holidays) to consult on, and determine the application. This consists of 7 days for public consultation, and then 7 days to consider and determine the application after the consultation. If the local authority determines the application before the end of the determination period the local authority can:

• grant the licence in respect of any or all of the purposes specified in the application
• grant the licence for some or all of the part of the highway specified in the application and impose conditions
• refuse the application

If the local authority does not determine the application within the 14 day period, the application will be deemed to have been granted, subject to the conditions below. The business can place the proposed furniture within the area set out in the application for the purpose or purposes proposed subject to the conditions published below.