Pavement licence (outdoor seating)
In response to the Coronavirus pandemic, the Government introduced the Business and Planning Act 2020. This was to promote economic recovery and growth in the hospitality industry.
A temporary provision was made to the Business and Planning Act. This provision allows businesses in England selling food or drink to obtain authorisation from the Local Authority to place tables and chairs on the highway adjacent to their premises. This is commonly called a Fast Track Pavement Licence.
The temporary provision was originally due to expire on 30 September 2021 but was extended to 30 September 2022.
The Government has again extended the Fast Track Pavement Licence. It will now expire on 30 September 2023.
The fast track process (determination within 14 days) is for defined premises to apply for a pavement licence for defined purposes, without the need for planning permission. A pavement licence, when applied for and granted, allows the licence holder to place removable furniture on certain highways adjacent to the premises for certain purposes.
For an extended period until September 2023, the Government has relaxed the planning requirements for temporary structures which means that any moveable structures situated on pavements or squares or land adjacent to an existing authorised use would not require planning permission during that period. These structures would still require a pavement licence.
A pavement licence does not give permission for those who do not hold a premises licence under the Licensing Act 2003 to serve or sell alcohol or provide regulated entertainment. Those that wish to provide licensable activities will still need to apply for a premises licence.
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
To assist businesses during this difficult time, the Council has determined that no application fee will be required for applications received on or before 30 September 2023. These licences will have an expiry date of 30 September 2023.
Premises which hold a premises licence may also benefit from another change regarding the provision of ‘Off Sales’. Further information about the changes to temporary alcohol licensing provisions can be found on GOV.UK.
Pavement licence conditions
To ensure pavement licenses are used in a safe and appropriate manner, the council has set standard conditions which will apply to all licences granted, (or tacitly deemed granted) these can be found below.
Additional individual specific conditions may also be attached to the licence, where it is considered necessary.
The Secretary of State can also impose conditions, which will have effect on all licences, including those already in effect and issued.
How to apply for a pavement licence
Complete the application form below and email it to firstname.lastname@example.org along with all required supporting documentation, including a plan which clearly shows the premises and the area of the highway you wish to use to.
All applications and any questions about the application process must be sent to email@example.com.
Notice of application for a pavement licence
On the same day an applicant submits the application, they must complete and display the required notice (below), along with a plan showing the area where furniture is to be placed, at or near the premises.
The notice must be prominently displayed so that it can be easily read by those outside the premises, until the end of the consultation period i.e. eight days. If an applicant fails to display the notice for the required period of time, the application will be refused.
Applicants are required to submit a photo of the notice at the premises with the application.
Consultation period and representations for pavement licence applications
The consultation period is seven days (5 working days), starting from the day after the application is submitted to the council. During this time any person can make representations against the application.
The council will also consult with:
- Cambridgeshire Constabulary
- Cambridgeshire Fire and Rescue
- Pollution control
- Food and safety
- Local councillors
Applications under consultation where representations can be made
To object to an application for a pavement licence, email firstname.lastname@example.org within the consultation period giving clear reasons why you object to the application, or part of the application.
We have no applications at present.
At the end of the consultation period the council has seven days (5 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 2021.
There is no provision to appeal.
However, if you disagree with any decision made regarding a pavement licence you should email email@example.com 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 firstname.lastname@example.org.
Premises with pavement licences
The following premises in Peterborough have approved pavement licences until September 2023:
- Nando's restaurant
- Argo Lounge
- Cote Brasserie
- Caffe Nero (Nero Holdings Ltd)
- Embassy (Stonegate Pub Company)
- Parrotts fish and chips
- Queens Head
- Five Guys
- The Bumble Inn
- Tap and Tandoori
- Pizza Express
- Blind Tiger (ZT Logistics)
- Franco Manca 2 UK Limited
- Kaspas Desserts
- Nata Lisboa
- Grizzlers Burgers Ltd
- Bottle and Board Ltd
- Las Iguanas
- The Stoneworks Bar
Street cafe consent
To place tables, chairs or other temporary furniture on the pavement, you will need to apply to the council for street cafe consent under the Highways Act 1980.
All representations received must be considered and any other relevant authorities must be consulted. Consents must not be unreasonably withheld. This means that you will be able to act as though your application is granted if you have not heard from us by the end of the target completion period.
Fees for street cafe consent
The council charges £32.03 per square metre per month for each allocation of space for outside seating and £10.61 for the surrounding area.
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 email@example.com.
Failed application redress
An appointed arbitrator will determine if consent has been unreasonably withheld. Please contact City Centres Services via email firstname.lastname@example.org in the first instance, within 14 days.
Licence holder redress
An appointed arbitrator will adjudicate if there is disagreement as to conditions attached.
It is always advisable to contact city centre services by emailing email@example.com 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.