Name
Pavement Licence under Business and Planning Act 2020
Coronavirus updates
During the Covid-19 pandemic please use this licence to apply to put tables and chairs on the pavement or highway.

Licences are valid for the period specified (minimum of 3 months) or until 30 September 2021.

Summary

If you want to place street furniture, such as chairs and tables, on the public highway, you may need a pavement licence.

Prior to the Covid-19 pandemic this was a highways amenity licence also known as a street and pavement cafe licence.

Under the Business and Planning Act 2020, which became law on 22 July, the council has been granted powers to issue Pavement licences.

This new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will support them to operate safely while social distancing measures remain in place.

About this licence

Guidance: pavement licences (outdoor seating proposal) GOV.UK

This licence only covers the placing of furniture on the pavement. It does not cover serving alcohol outside your premises.

If required, you will still need to apply for an alcohol licence and comply with registration requirements for food businesses.

If you already have a licence to serve alcohol on-premises and you are granted a Pavement Licence, temporary amendments to the Licensing Act 2003 will allow you to sell alcohol for consumption outside the premises and only within the area covered by the Pavement Licence, without needing to apply for a variation of your licence. See the guidance accompanying the Business and Planning Act 2020 for more details.

Legislation
Fees

The licence fee is £100 and is non-refundable.

The licence shall run for the period specified (minimum 3 months) or until 30 September 2021. 
After this date the licence will cease to have effect and any person wishing to retain their permission will need to apply to the council for a highways amenity licence.

Application and guidance notes

Download an application form for a pavement licence under Business and Planning Act 2020

You must apply for a pavement licence on the council’s official form.

Before you complete the application form, please note the following important information:

  • The licence can operate between the hours of 8am and 11pm. Further restrictions on operating hours may apply and you will be advised if these restrictions apply at your location.
  • The applicant must have public liability insurance of at least £5 million.
  • The licence shall run for the period specified (minimum 3 months) or until 30 September 2021.
  • Herefordshire Council has 14 days from the day after the receipt of a valid application to consult on and determine the application.
  • You must provide a no smoking area within the overall area licensed.

You must submit the following with your application:

  • Photo ID and proof of address for the applicant
  • A copy of the applicant's public liability insurance up to £5 million
  • A site map showing the precise locations where the tables, chairs and umbrellas will be positioned
  • A photo or brochure example of the furniture to be used

We will not accept applications as complete until we have received all of the above, together with the correct fee.

Please email your completed application to licensing@herefordshire.gov.uk and then call us on 01432 261761 to make the £100 payment.

Processing and timescales

We must consult on and determine your application within 14 days from the day after receipt of a valid application.

There is a 7 days public consultation period starting the day after the council have received a completed valid application form with the relevant fee. It concludes at midnight at the end of the seventh day.

On the day you submit an application for a pavement licence you must:

  • Fix a notice of the application (appendix B) to the premises so that the notice is readily visible to, and can be easily read by, members of the public who are not on the premises. This notice must remain in place until the end of the public consultation period.

After acceptance of the application form and once the consultation period has started you must:

Failure to do this will invalidate the application.

There are further guidance notes at the end of the application form, and a template for a Notice for display by an applicant for a Pavement Licence (Appendix B).

Current applications

Applications are available to view for the consultation period of 5 working days (excluding public holidays) starting the day after the application has been accepted.

Representations can be made to the council during the public consultation period, by email to licensing@herefordshire.gov.uk.

If you need help with making a representation please contact us on: 01432 261761.

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