Pavement Licence

Businesses, which sell food or drink for consumption on and off the premises may apply for a pavement licence.

There is a streamlined process to allow businesses apply for a licence and where it is granted a licence will be valid for up to a year. The Government has announced 22 July 2022 that the Business and Planning Act 2020 will be extended for another year to 30 September 2023. 

We want to support businesses to open and we know the vast majority will do this responsibly, however, we are also aware that we need to protect our wider communities. If conditions aren't being complied with, or one of the circumstances detailed in the enforcement section below occurs, a notice which requires the issue to be rectified can be issued, or the licence can be revoked.

GOV.UK: Pavement licence guidance

Application process

• Complete the online application form at the bottom of the page and provide supporting documents, public liability insurance, plan of area to be used and picture of the site notice
• Pay the application fee of £100 (non-refundable)
• Display a notice at the premises advertising the application starting from the day the application is submitted. The end of consultation period is 7 days from the day after the application is made:   Mendip District Council Site Notice Template [26.13KB]
• The process takes 14 days (7 day consultation period and 7 days to determine the application). Applications can be granted (in whole or part) or refused
• Comply with the mandatory condition that clear routes of access must be maintained and any other general conditions on the licence

Consultation

Once the information is submitted there are 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.

The consultees for the application are:

• Highway Authority,
• Police,
• Environmental Health,
• Neighbourhood Services,
• Planning
• Parish/Town Council

What kind of furniture can be used?

• counters or stalls for selling or serving food or 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 articles used in connection with the outdoor consumption of food or drink.

This furniture is required to be removable. In principle removable means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.

Enforcement

If a condition imposed on a licence is breached, a notice requiring the breach to be remedied may be issued and action to cover costs may be taken.

A licence may be revoked in the following circumstances:

1. For breach of condition, (whether or not a remediation notice has been issued) or
2. 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;
   • the highway is being obstructed (other than by anything permitted by the licence);
   • there is 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.
3. 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. For example, the licensed area (or road adjacent) is no longer to be pedestrianised. It is good practice for local authorities to give reasons where these powers are used.

Tacit Consent

If your application is not determined within 10 working days from the date of submission, your application will be treated as being granted.

Appeal

There is not a statutory route to appeal decisions.

Standard Conditions and to Apply for a Pavement Licence