Pavement Licences

The Government introduced measures through the Business and Planning Act 2020 to support businesses selling food and drink during the economic recovery while social distancing guidelines remained in place and subsequently to these restrictions ending, to enable a licence for obtaining permission for the placing of tables and chairs outside of your business on the pavement.

It is necessary and a legal requirement to get a pavement licence to place items outside a business on the public highway/pavement; this includes:

  • counters or stalls selling or serving food and 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 items used in connection with the outdoor consumption of food and 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 restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited. 

Under The Levelling Up and Regeneration Act 2023 Schedule 22 the Government has amended the pavement licensing conditions in the Business and Planning Act 2020. This commenced on 31 March 2024 and makes this arrangement permanent and replaces the previous temporary process.

Some of the key points include:

  • There will be a £500 cap for new applications and a £350 cap for renewal (rather than £100 previously)
  • Local authorities will be able to grant licences for a length of their choosing, up to two years (local authorities are encouraged to grant licences for two years as standard)
  • The 7-day consultation and 7-day determination periods provided under the temporary regime, will be extended to 14 days for each (excluding public holidays).
  • The new guidance makes clear that a minimum width of 2000mm clear space should be provided between the obstacle and the edge of the footway. However, if this is not feasible due to physical constraints, then a minimum width of 1500mm could be regarded as the minimum acceptable distance.
  • Existing licence holders can retain their licences granted under the temporary regime until the expiration date on their licence.
  • The new pavement licensing provisions grants local authorities’ new enforcement powers. From the commencement date, local authorities will, with the consent of the licence-holder, be able to amend the licence in certain circumstances.
  • The Act also amends the Anti-social Behaviour, crime and Policing Act 2014 to includes pavement licences within the exemption from public space protection orders.
  • No pavement licences can now be granted under the Highways Act 1980
  • The legislation applies to England only.
  • The new pavement licensing provisions grants local authorities’ new enforcement powers. From the commencement date, local authorities will, with the consent of the licence-holder, be able to amend the licence in certain circumstances.

Please see the government guidance on Pavement Licences

How much do applications to EBC cost?

The fee for a Pavement Licence issued by Erewash BC are as follows;

New applications - £400 for a 2 year period.

Renewal applicacations - £300 for a 2 year period.

How long are pavement licences valid for?

Pavement Licences issued by this authority will be valid for a specified period up to a maximum of 2 years 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

Once a completed application is submitted and duly made there is now a 14-day public consultation period beginning on the first day following the day on which the application was made. Applicants will be required to display a public notice at their premises throughout the 14-day period. The Council will send the details of the application to relevant authorities and the full application will appear on the Council’s website where it will be available for public consideration, this will allow for any public representations to be made.

Following the last day of the public consultation period, there is also a further 14-day period for determination of the application, any representations, recommendations or adjustments, so in total a consultation period of 28 days. A site meeting may be requested. 

By the end of the determination, the applicant will be informed of the Council’s decision.

The Licence may be granted with the standard conditions, or may granted with additional conditions specific to the site, or may be refused for reasons that will be clearly explained. If the Council does not make a formal decision about the application by the end of the determination period, the licence is deemed to have been granted.

The licence can only operate between the hours of 9am 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 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.

  • 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 pavement 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
  • describe the type of furniture to be used, for example tables, chairs and/or stalls
  • be accompanied by evidence of public liability insurance
  • any other information as required by the local authority

Application forms can be obtained from the council by email or collected from Long Eaton Town Hall. When completed they may be sent back to the council by Email, and contain all the requested documentation. The fee can be paid via our contact centre by ringing 0115 9072244.

How will an application be determined?

The application will be checked by the council's licensing team and the following authorities/agencies will be consulted on the application as standard:

  • Highways Authority at Derbyshire Councty Council
  • Licensing team at Derbyshire Police
  • Erewash Borough Council's Environmental Health team

In some cases it may be necessary to consult with other agencies, such as the council's Anti-Social behaviour team.

Consultation

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 14 days beginning with the day after the application is submitted to the authority. Applicants are asked to keep evidence of this notice being displayed such as a photograph.

Determination

Once the Council has received all the correct documentation and fee and the 14 day period of consultation has passed, we will decide the suitability of a pavement licence.You will be notified within the 14 day consultation period if your licence application has received objections. If no objections are received you will be advised within the 14 determination period as to whether the licence has been rejected or granted. If the Council has failed to make a decision by the end of the 14 day determination period the law states that the Pavement Licence is deemed to be granted.

Appeals against decision

Currently, there is no statutory appeal process for these decisions.

Enforcement of conditions

If a licence is granted the licence-holder will be required to ensure that any activity carried out on the pavement is safe, protects public safety and that the operation of the business and its customers do not cause a nuisance to neighbouring residents.

Enforcement action under other legislative powers is still possible even if a valid pavement licence is in place, for example noise pollution and anti-social behaviour. Anything placed on the highway must be removed overnight and when the business is not operating, unless otherwise stated in the conditions attached to the licence.

If a condition imposed on a licence (either by the local authority or nationally) is breached, the local authority will be able to issue a notice requiring the breach to be remedied. If the licence-holder fails to do so, the local authority may amend the licence, with the consent of the licence-holder, revoke the licence or itself take steps to remedy the breach and can take action to recover any costs of so doing. Local authorities are encouraged to regularly review licences and enforce any breaches.

If a licence deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.

When can furniture be removed?

In cases where furniture which would normally be permitted by a pavement licence or other licence has been placed on a relevant highway without the required licence, local authorities can give notice requiring the business to remove the furniture before a date specified and to refrain from putting furniture on the highway unless they gain a licence.If furniture continues to be placed on the highway, in violation of the notice, the authority may remove and store the furniture, recover the costs from the business for the removal and storage of the furniture and refuse to return the furniture until those costs have been paid. If within 3 months of the notice, the costs are not paid, the authority can dispose of the furniture by sale or other means and retain the proceeds.

Further Information

For further information on pavement licences please contact the Licensing Department using the details below:

Licensing Office
Erewash Borough Council
Civic Centre
Derby Road
Long Eaton
Derbyshire
NG10 1HU

Call: 0115  9071110

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.