Pavement licence and street cafe consent

Licences can only be granted in respect of highways listed in section 115A(1) Highways Act 1980. Generally, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited.

• Licence holders must make reasonable provision for parts of the outside seating area to be made a ‘no smoking’ area
• Any businesses which apply for a pavement licence will also need to have regard to their duties under the Equality Act 2010, such as their duty under s.29 of the Act not to discriminate in providing their service.

Highways maintained by Network Rail or over the Crown land are exempt (so a licence cannot be granted). A pavement licence cannot be granted where the highway would be obstructed, so as to prevent non vehicular traffic from:

• Entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway)
• Passing along the relevant highway
• Having normal access to premises adjoining the relevant highway
• Preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order
• Preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway

Preventing 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 determining whether furniture constitutes an unacceptable obstruction, the Council will consider the needs of disabled people, as set out in the Department for Transport’s ‘Inclusive Mobility’ document in force.

Businesses such as Public Houses, Cafes, Bars, Restaurants, Coffee Shops, and Ice Cream Parlours can apply for the new pavement licence for the following purposes:

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

Pavement licences for 2023/24 are from 1 October 2023 to 30 September 2024. The fee is £100. We send you an invoice for this fee once we issue your licence.

At the end of the consultation period the council has seven days (five working days) to determine the application. The application, all supporting documentation and all representations received will be considered when making a determination.

Applicants maybe contacted during this period to discuss their application further. The application may be refused, or granted, or granted with modifications. Such modifications may affect the licensed area, the timings of use, use and/or type of furniture, etc. differing to those applied for, and/or the addition of individual conditions

Yes, if the council has not determined your application within 14 days after the date it was submitted, the application is considered granted for one year, but not beyond 30 September 2024.

There is no provision to appeal.

However, if you disagree with any decision made regarding a pavement licence you should email pavement@peterborough.gov.uk clearly stating the reasons why you disagree with the decision, it would be helpful if you headed the email PAVEMENT LICENCE - APPEAL.

The council can revoke or serve notice on any pavement licence holder, if any conditions of the licence are breached, or the highway is being obstructed. Where the council is required to take action regarding the breach, reasonable charges can be claimed against the licence holder.

Action will be taken where:

• There are risks to Public Health or Safety
• The use of the highway is causing an unacceptable obstruction
• The use is causing anti-social behaviour or public nuisance
• If it comes to light that the applicant provided false or misleading information

The applicant failed to comply with the requirement to affix a notice to notify the public for the required period

The relevant part of the highway becomes unsuitable for the purpose.

If you would like to make a complaint about the use of a pavement licence you can email pavement@peterborough.gov.uk.

A summary of the regulations relating to this consent is within the Street Cafe Conditions. We agree to the consent for the hire of the pavement area to the businesses in compliance with street cafe conditions.

Public notice of the application must be given detailing the proposal and deadline for representations.

No. It is in the public interest that we must process your application before a licence can be granted. If you have not heard from us with a reasonable period (28 days), you can email city.centre.services@peterborough.gov.uk.

Failed application redress

An appointed arbitrator will determine if consent has been unreasonably withheld. Please contact City Centres Services via email city.centre.services@peterborough.gov.uk in the first instance, within 14 days.

Licence holder redress

An appointed arbitrator will adjudicate if there is disagreement as to conditions attached.

Other redress

It is always advisable to contact city centre services by emailing city.centre.services@peterborough.gov.uk and giving details of any complaints e.g., space issues, another trader encroaching their tables and chairs on to the allotted spaces of the first trader.