Business and Planning Act 2020 As Amended by Article 229 of Levelling Up and Regeneration Act 2023 (Schedule 22)
A pavement and goods display licence is a licence granted by the council which allows the licence-holder to place removable furniture and goods, such as tables, chairs or souvenirs, on the highway. The licence process is to ensure they are properly set up, licensed and operated such that they benefit the business, enhance the local area and do not cause a problem for other users of the street.
The government has amended the Business and Planning Act 2020 in the Levelling Up and Regeneration Act 2023 making the provisions for said Act the statutory instrument for any applications. The process introduces a streamlined for businesses such as cafes, restaurants, bars and shops to secure a licence to place furniture or goods on the highway. The council will still take into consideration, public health & safety and accessibility before a licence is granted.
Guidance for applicants
Under the amended Business and Planning 2020 As Amended by Article 229 of Levelling Up and Regeneration Act 2023 (Schedule 22) the following durations apply:
- If a local authority determines an application before the end of the determination period (which is 14 days, beginning with the first day after the end of the public consultation period, excluding public holidays), the authority can specify the duration of the licence. The Business and Planning Act 2020 specifies a minimum statutory duration of 3 months. To help support local businesses, the expectation is that local authorities are pragmatic and will grant licences for 2 years unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space.
- If a licence is ‘deemed’ granted because the authority does not make a decision on an application before the end of the determination period, then the licence will be valid for 2 years. However, if, when implemented, a licence that has been deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.
A licence applied for before the Business and Planning 2020 As Amended by Article 229 of Levelling Up and Regeneration Act 2023 (Schedule 22) come into effect will not be valid beyond Monday 30 September 2024.
Three factors are taken into account when considering an application:
- How your proposed display will look when it is up and running.
- The amount of space your display will remove from the public highway.
- The effect your display will have on residents, workers, shoppers and visitors.
Please note that licences are non-transferable.
New applications for a Temporary Pavement or Goods Display Licence
If you do not currently hold a licence, you must make an application before you can display your furniture or goods on the highway. The cost is £500 per new application which will be issued for a period of maximum of two years.
The council aims to carry out a consultation which will take 14 days of a complete application being submitted with supporting documents and determine the application within 14 days of the completion of consultation period.
- Evidence must be provided of Public Liability Insurance of £5 million.
- Evidence must be provided of detailed CAD drawing with measurements (the drawing has to include the information on any existing pavement licences for neighbouring properties). Please see the Drawing Layout Template for details of drawing requirements.
Application will be considered as incomplete if the required documents and CAD drawings are not provided and would not be processed.
Renewal application for Pavement or Goods Display Licence
The cost is £350 per renewed application which will be issued for a period of maximum of two years.
The council aims to carry out a consultation which will take 14 days of a complete application being submitted with supporting documents and determine the application within 14 days of the completion of consultation period.
- Evidence must be provided of Public Liability Insurance of £5 million.
- Evidence must be provided of detailed CAD drawing with measurements (the drawing has to include the information on any existing pavement licences for neighbouring properties). Please see the Drawing Layout Template for details of drawing requirements.
Application will be considered as incomplete if the required documents and CAD drawings are not provided and would not be processed.