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The West Somerset area Planning Search will be unavailable on Wednesday 21 October from 6pm for essential maintenance.

Pavement licence

A pavement licence allows the licence holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.

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 the 30 September 2021, except where there may be individual circumstances warranting an earlier expiry date.

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.

The government has published draft guidance.

Application process

  • Complete the application form below 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. This must be based on our notice template. The end of consultation period is 7 days from the day after the application is made.
  • 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 and will be subject to the mandatory condition (that clear routes of access must be maintained) and our own standard conditions.

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, Planning and 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.

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.

Applications currently under consultation

We will publish details of pavement licence applications which are under consultation.

There is currently 1 application under consultation.

Should you wish to make a representation against an application, you must contact Licensing using our general enquiries online form.