Provided we do so within the determination period, the council may:

• grant the licence in respect of any or all of the purposes specified in the application
• grant the licence for some or all of the part of the highway specified in the application
• impose conditions
• refuse the application

Where a licence is granted, the licence will be valid until 30 September 2024, regardless of the date it is granted.

The council may only grant a licence if it considers that (taking into account any in conditions subject to which it proposes to grant the licence) nothing done by the licence-holder pursuant to the licence would have the effect of:

1. Preventing traffic, other than 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, or 
• having normal access to premises adjoining the relevant highway, 

2. Preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order

3. Preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or 

4. 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.

In considering in particular whether furniture put on a relevant highway would have the effect in point 1 above, the council must have regard in particular to the needs of disabled people and the recommended distances required for access by disabled people as set out in guidance by the Secretary of State.

The council must take into account any representations made to it during the public consultation period. The council has a duty to behave fairly in its decision making and decisions will be made following an evaluation of what is to be regarded as reasonably acceptable in the particular location, having regard to its wider obligations as well as the temporary nature of the licence and the Act’s objectives.

There is no right of appeal if the grant of a licence is refused.