Ryedale District Council

 

Pavement Licences

The Business and Planning Act 2020 has introduced a new, temporary, fast-track process for businesses to obtain a pavement licence for the placement of furniture such as tables and chairs on the highway (including footpaths and pavements) adjacent to their premises.

This permission can only be used for the purpose of selling or consuming food and drink in connection with the activity of the main premises, and licences will expire no later than 30 September 2021. This will help businesses to maximise their ability to trade whilst adhering to social distancing guidelines.

The Government Guidance to accompany pavement licensing is available pavement licences guidance page on gov.uk

If you would like to view the list of current applications visit the licence applications under consultation page.

Representations in respect of an application should be made to licensing

Before you apply:

  • You will need to consider your surrounding area and whether your furniture will cause any obstruction on the highway and if there will be sufficient space to allow the public to pass safely when your furniture is in place (we will require at least 1.5 metres pedestrian space between the edge of your furniture and the edge of the pavement).
  • For the purposes of consistency, the council has set out local conditions that will be attached to all Pavement Licences. Please ensure you are able to comply with these conditions before submitting your application.
    Pavement Licence - Local Conditions (PDF, 2 pages, 161kb)
  • Additional conditions may also be attached to a licence where necessary, for example to limit the maximum number of chairs and tables, type of furniture or time and days of operation.
  • The cost of the licence is £100
  • The licence is temporary and will be granted until 30 September 2021.

Who can apply:

  • Businesses which use (or propose to use) premises for the sale of food or drink for consumption (on or off the premises)
  • Businesses include: Pubs, cafes, bars, restaurants, snack bars, coffee shops and ice cream parlours.

How to apply

  • Download and complete the application form
    Pavement licences Application form (dox, 6 pages, 53kb)
  • Email your completed form to along with the following documents:

    a) A copy of Public Liability Insurance certificate (minimum cover £2,000,000).
    b) A plan with the exact location and dimensions of the area to be licensed highlighted in red.
    c) The location of the proposed furniture and distance to the edge of any pedestrian area.
    d) Pictures of the furniture/barriers to be used.
    e) Photographs of the area to be covered by the licence and the surrounding highway.
    f) Evidence of consent from neighbouring frontage(s) to use footway space outside their property (if applicable)

  • You will then be contacted to make a payment over the telephone. The application fee is £100.

Consultation

Your application is subject to a 7-day consultation period. When your application has been accepted you are required to display a public notice in a prominent position clearly visible to the public for 7 days.

We would encourage you to take and retain photos showing the notice in position from a distance and close up.

Example of pavement licences site notice (PDF, 2 pages, 73kb)

Your application will also be published on the council website for 7 days.

Determination

Your application will be determined within the 7 days which follow the end of the consultation period. When determining applications we will consider any representations received during the consultation period together with relevant Government Guidance.

If the site is deemed unsuitable for a Pavement Licence, or if relevant representations are made which cannot be mitigated by imposing conditions, then your application may be refused.

Appeal

Please note there is no formal appeal process, however if you wish the decision to be reviewed by the Environmental Health Manager please email licensing setting out your reasons.

How much does it cost?
The fee is £100 for everyone, no matter how big or small your premises is.

Is my business allowed to apply?
A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours.

A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people to consume food or drink supplied from, or in connection with the use of the premises.

Where can I have a pavement licence?
Licences can only be granted in respect of highways listed in section 115A(1) Highways Act 1980. Generally, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited. Highways maintained by Network Rail or over the Crown land are exempt (so a licence cannot be granted). There is no definition of adjacent in the legislation, and therefore the council define this to be very near, next to or adjoining.

There is not space outside of my premises, but my neighbour has advised that I can place my furniture outside of their premises – is this allowed?
Applications may be approved providing there are no concerns relating to health and safety, public amenity or accessibility. You will be expected to provide written confirmation of permission from your neighbour in these instances.

Do I need planning permission?
No. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.

Does a pavement licence allow me to sell alcohol?
It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licenses and the need to comply with registration requirements for food businesses.

 

 

 

 

Contact us


Ryedale District Council
Ryedale House
Old Malton Road
Malton, North Yorkshire
YO17 7HH

Email: Contact the Council

Phone: 01653 600666

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