Are you eligible?
A Pavement Licence is a temporary licence that Nottingham City Council (‘the Council’) can grant which allows the licence holder or premises owner to place removable furniture over certain highways in the Council’s administrative area adjacent to the premises in order to make it easier to serve food and drink from the premises, and help them maximise their capacity with outdoor tables and chairs.
Businesses that are eligible to apply for a Pavement Licence under the Business and Planning Act 2020 include those intending to use the premises for the sale of food or drink for consumption (on or off the premises). These include public houses, cafés, bars, restaurants, snack bars, coffee shops and ice cream parlours.
The furniture that may be used is:
- Counters or stalls for selling 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.
Licences can only be granted in respect of highways listed in S115A(1) Highways Act 1980 (opens in a new window). Generally speaking, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited.
Pavement Licences and Permissions to use the Highway under the Highways Act 1980/ Other Licensing Requirements
Pavement Licences provide for an alternative way to apply for temporary use of the highway. Pavement Licences do not replace applications for permission to use the highway under section 115E of the Highway Act 1980 (known as ‘Highway Amenity Licences’ or ‘HALs’), leaving applicant to choose the type of permission.
Applicants are reminded that the grant of a Pavement Licence only permits the placing of furniture on the highway. Businesses will need to take their own advice in relation to any additional licences or permissions which may be required for their businesses, such as a premises licence under the Licensing Act 2003 in relation to the sale of alcohol.
It is drawn to applicant’s attention that the Council has Public Spaces Protection Orders (‘PSPOs’) in force which apply to the whole of the Council’s administrative area and which prohibit the consumption of alcohol in a public place subject to some exemptions. Home Office Guidance updated on 3 August 2020: ‘Alcohol licensing: guidance on new temporary off-sales permissions’ states:
“The provisions in the Act [relating to pavement and alcohol licensing provisions] do not override or suspend PSPOs that ban the consumption of alcohol in public. If your premises are in such an area and you would like your customers to be able to consume alcohol outside or off the premises, you will need to apply for a permission under section 115E of the Highways Act 1980”.
You are responsible for ensuring that you have all required consents/permissions/licences for your business.
How to apply for a Pavement Licence
You will need to complete the application form in full, and send this electronically to email@example.com together with:
- A copy of the public notice on display at the proposed premises (see below)
- Evidence of your public liability insurance in respect of anything to be done by the applicant pursuant to the Premises Licence (to a minimum value of £5,000,000).
- Location Plan (to scale of 1:200) detailing the premises and the area sought to be used by the Pavement Licence highlighted in red (including dimensions), listing the name of the highway to be used, and detailing the layout of furniture.
- Images of the Street Furniture proposed to be placed on the highway
- Fee (see below)
Once a properly completed application is submitted there is a 7 day consultation period beginning on the first day following the day on which the application was made. Applicants are required to display a public notice at their premises for a 7 day consultation period, beginning on the day following submission to the Council. Members of the public will be able to comment on the application. A copy of the template public notice which will need to be completed by the applicant can be found on the Council’s website.
The Council will also consult with other relevant authorities and display the application on the Councils website. Following the 7 day consultation period, there is a further 7 day determination period to consider any representations, recommendations or comments. Applicants will be notified of the Council’s decision following the determination.
The licence may be granted subject to the Councils Standard Conditions. There may also be additional conditions specific to the site, if appropriate. If the licence is refused, clear reasons will be provided.
How long is a Pavement Licence valid for?
In most cases, where a Pavement Licence is granted by the Council, that Licence will expire at the end of 30 September 2021 (unless there is a good reason(s), in the opinion of the Council for a shorter duration). No Pavement Licence will remain in force beyond the end of 30 September 2020.
Applicants are also reminded that the Council may revoke the Pavement Licence during the duration of the Licence for any of the reasons specified in section 6 of the Act.
How much does a Pavement Licence cost?
A new Pavement Licence Application will cost £300 and £150 Renewal fee (S115 Highways Act 1980)
Where a Pavement Licence is granted, clear access routes on the highway will need to be maintained, taking into account the needs of all users, including disabled people.
It is a condition of the Pavement Licence that a clear pedestrian route along the highway must be maintained at all times compliant with the current social distancing requirements and 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.
For further advice on Pavement Licensing and or permissions under section 115E of the Highways Act 1980 please contact Miss Clair Thurman 0115 8764602.