Temporary Pavement and Goods Display Licences during COVID-19
Section 115e of the Highways Act 1980
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.
As a result of COVID-19 and the restrictions advised following government guidelines, the council is introducing temporary measures to support businesses while still encouraging social distancing. The government has issued the Business and Planning Act 2020 which defines the use of Temporary Licences.
The new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants, bars and shops to secure a licence to place furniture or goods on the highway. This will support them to operate safely while social distancing measures remain in place. This will provide much needed income over the coming months and protect as many hospitality jobs as possible.
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 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2022 the following durations apply:
- If a local authority determines an application before the end of the determination period (which 7 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 12 months (or until 30 September 2023 if shorter), 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 a year (or until 30 September 2023, if shorter). 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 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2022 come into effect will not be valid beyond 30 September 2022. It therefore follows that no licence granted or deemed granted before the Business and Planning 2020 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2022 come into effect can be valid beyond 30 September 2022, although the holder of such a licence may be able to apply for a further licence
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. Due to COVID-19, the cost is £100 per new application which will be issued for a period of maximum of 12 months or until the 30th of September 2023 whichever is shorter.
The council aims to carry out a consultation and determine the application within 10 working days of a complete application being submitted with supporting documents.
- If the application is successful, there would be no charge for the area fee.
- 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
Due to COVID-19, the cost is £100 per renewed application which will be issued for a period of maximum of 12 months or until the 30th of September 2023 whichever is shorter.
There would be no charge for the area fee.
- 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.