Pavement Licences

From the 23rd July 2020 you may be able to apply for a temporary pavement licence which will be issued by East Herts as the Local Authority.

You can only apply for a temporary pavement licence if you meet one of the relevant uses and one or both of the purposes of use listed below

Relevant Uses:

  • Use as a public house, wine bar or other drinking establishment
  • Use for the sale of food or drink for consumption on or off the premises

Purpose of use

  • Use of the furniture (tables and chairs) by the licence-holder to sell or serve food or drink supplied from, or in connection with the relevant use of the premises
  • Use of the furniture (tables and chairs) by other persons for the purpose of consuming food or drink supplied from, or in connection with the relevant use of the premises.

Apply for a temporary pavement licence

To apply for a temporary pavement licence you must do the following:

Supporting documents

The other documents that must be submitted with your application are:

  • Valid Public Liability Insurance Certificate to the sum of at least £5 million
  • A scale plan of the area (showing the location of all items to be placed in the licensed area)
  • A location plan (showing both the area to be licensed and the premises relating to the application outlined in RED).
  • A copy of your completed public notice, this must be displayed on the premises for 7 days starting the day after the application is submitted (A template notice can be downloaded from this page).

Pavement Licence Policy and standard conditions

This document can be downloaded from this webpage and you should read it completely before making an application as this will help the process run more smoothly. It will also help you to understand the responsibilities placed on you if a licence is granted and the standard conditions that will be attached.

Government Guidance

Guidance can be found on the Pavement licences: guidance page on the Gov.uk website.

Application process

This is a fast track process which should be concluded within 14 days. When we receive a valid application we will:

  • Forward your application to the consultees giving them 7 days to comment on the application
  • Put notice of the application on our website
  • Visit to check your notice is displayed on the premises

When the consultation period closes we have 7 days in which to decide your application:

  • If there are no objections then the application will be granted as quickly as possible; or
  • If there are valid objections, either from the consultees or the public, then these will be considered and a decision will be made on the grounds laid out in the Act and Guidance.

Either way you will be notified of the decision within this second 7 day period or you can consider the application granted.

What matters will be considered when granting a licence?

The matters that must be considered when determining an application include:

  • Public Health and Safety
  • Public amenity
  • Accessibility
  • Any other temporary measures that are in place that may be relevant
  • Whether there is already permanent street furniture or structures that reduce the access
  • Recommended minimum footway widths
  • Any warning notices issued in relation to a previous pavement licence
  • The revocation of a previous pavement licence

What are the possible outcomes of my application?

The options when determining an application are:

  • 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);
  • impose conditions; or
  • refuse the application.

If your application is refused then the grounds for that refusal will be clearly given to you with the decision. This will allow you to consider amending and resubmitting an application.

Is there a right of appeal?

There is no statutory route of appeal. If your application is refused you are advised to address the reasons given and submit a revised application. We advise early engagement with consultees and your neighbours, whether these are residents or other businesses. These conversations should help you to avoid objections.

How will I know an application has been made?

Applicants must place a notice on their premises for 7 days starting the day after the application has been made. At the same time we will place a notice on our website for the same period. Applications which are currently in consultation can be found on our public register available at https://publicaccess.eastherts.gov.uk/online-applications/search.do?action=advanced and searching for "Tables and Chairs" under Activities.

How can I object to an application?

Any person can object to an application but this needs to be done in writing and received before the 7 day consultation period closes. This can be sent to: community.protection@eastherts.gov.uk.

What happens if a pavement licence causes issues after it is granted?

A granted licence can be revoked if it results in:

  • A risk to public health & Safety; or
  • Antisocial behaviour being caused or there is a risk of it being caused; or
  • Public nuisance being caused or there is a risk of it being caused; or
  • The Highway is being obstructed; or
  • Anything stated in the application was false or misleading; or
  • The notice was not correctly displayed.

The government have posted guidance on how to make your premises safe for worked and customers.

How can I report issues with a pavement licence?

Where possible you should talk to the person operating the premises in the first instance to try to resolve any issues. We understand that this may not always be possible or you may not be comfortable doing this but often this is the swiftest way of resolving matters.

If you wish to complain about the operation of a pavement licence then this can be done via email to licensing.enforcement@eastherts.gov.uk or by calling 01279 655261 and ask for licensing.

The Pavement Licence Policy which can be viewed and downloaded from this webpage explains our approach to enforcement of breaches and details the standard conditions attached to every pavement licence.

Questions

If you have any questions about Pavement Licences then please email community.protection@eastherts.gov.uk or by calling 01279 655261 and ask for licensing. You will receive a response via email or you can request a call back from the Licensing Team if you prefer.