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Pavement Licence guidance

Enforcement

The local authority reserves the right to take enforcement action where compliance is not achieved. The first steps to ensure that the removable furniture is set out in an appropriate manner will be to engage with the businesses to raise awareness of the issues the positioning of their furniture is have to passing pedestrians.

If any item of removable furniture that constitutes an immediate danger will be removed from the highway straightaway. Where appropriate any costs incurred will be recovered from the business.

If a condition imposed on a licence is breached the local authority will be able to issue a notice requiring the breach to be remedied and the authority can take action to cover any costs. The local authority may revoke a licence in the following circumstances:

For breach of condition, (whether or not a remediation notice has been issued) or where:

  • there are risks to public health or safety - for example by encouraging users to breach government guidance on social distancing by placing tables and chairs too close together or where it comes to light that there are significant security risks which have not been sufficiently considered, or addressed in a proportionate fashion (this should be reassessed as necessary, particularly in the event of changes to the terrorism threat level);
  • this use of the highway is causing an unacceptable obstruction, breaching the non-obstruction condition - for example, the arrangement of street furniture prevents disabled people, older people or a wheelchair users to pass along the highway or have normal access to the premises along side the highway.
  • the use is causing anti-social behaviour or public nuisance - for example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up;
  • it comes to light that the applicant provided false or misleading statements in their application - for example they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed; or
  • the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.

The local authority may also revoke the licence where 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 or deemed to be granted.