The Business and Planning Act 2020 has been introduced to streamline the process for premises to apply for street furniture or a table and chair licence, known as a Pavement Licence under this new Act. This is a temporary licensing regime and applies until September 2021.
Only 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 including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink. A pavement licence will permit 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 for consumption of food or drink supplied from, or in connection with the use of the premises. If you have any queries about pavement licences please email: email@example.com
The fee to apply is £100 which is payable at the end of the online application form. *Please note that non-payment will mean that your application will not forwarded to licensing for consideration.
We recommend that you talk to neighbouring businesses before applying. This will help you to take noise and nuisance concerns into account in your application.
A pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks, such as alcohol licensing and registration requirements for food businesses still apply. If your application is successful, it will be granted for a maximum period of 12 months. It will be subject to conditions set out in the Business and Planning Act 2020 published by the Secretary of State and local conditions set by Stratford on Avon District Council
There are two national conditions which apply to all pavement licences, a ‘No-Obstruction' condition and a ‘Smoke-Free seating' condition.
The No-Obstruction condition seeks to ensure that furniture placed on the highway under the authority of a pavement licences does not:
• prevent traffic, other than vehicular traffic, from entering the relevant highway at a place where such traffic could otherwise enter it, passing along the relevant highway, having normal access to premises adjoining the relevant highway
• prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order
• prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the highway
• prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway
When we are considering an application for a pavement licence we will have regard to the needs of disabled people and the recommended distances required for access by disabled people as set out in Section 4.1 of the guidance issued by the Secretary of State.
The Smoke-Free seating condition seeks to ensure that where furniture placed on a highway under a pavement licence consists of seating for use by persons for the purpose of consuming food and drink, the licence holder must make reasonable provision for seating where smoking is not permitted. When we are considering an application for a pavement licence and whether a licence holder has made reasonable provision for seating where smoking is not permitted, we will have regard to Section 4.2 of the guidance issued by the Secretary of State.
Please be prepared to have the following documents electronically before applying online.
• A copy of your public liability insurance certificate (Minimum of £5 million cover)
• A plan or sketch of the proposed area (Including dimensions of the area and showing the position of furniture and other items, within the proposed space)
• A sample or colour photograph of the furniture (Please note: dimensions will be required for all proposed items of furniture)
The following guidance has been produced to enable you to produce an acceptable plan for submission with your online application.
You will receive an email confirmation once you have submitted your application. This will contain an application reference and a payment reference for your records.
The application will be subject to a public consultation period of five working days. This begins the day after you submitted your application. If you are notified that your application is invalid or omitting information the consultation period will start from the day after your application is deemed valid. We will post notice of the application on our website and also send it for consideration to the following consultees:
• Warwickshire Police
• Warwickshire County Council Highways Department
We may also consult with:
• Environmental Health
• Parish and Town Councils
• Warwickshire Fire and Rescue
As part of the consultation process you are required to fix a notice to your premises on the same day that you submit your application. This must be in a place where it is easily visible and legible to the public. This needs to stay in place for a period not less than five working days. After this time the Council has five working days, starting on the day after the consultation period, to consider any issues raised by the public and the consultees listed above and to determine whether or not the licence should be granted. You will be informed by email whether your application has been granted or refused.
Please note that submission of an application does not mean permission has been granted and no furniture and equipment may be put on the highway until a pavement licence is granted or deemed to be granted.
If you wish to comment on an application please email firstname.lastname@example.org
If any condition of the licence is breached during the term of the licence, the licence may be revoked.