The Business and Planning Act 2020 provides a range of measures intended to support economic recovery from the disruption caused by the COVID-19 outbreak in the UK, including provisions to make it easier for businesses that sell food and drink for consumption on or off the premises to seat and serve customers outdoors by the introduction of a new type of licence, called a pavement licence.
A pavement licence authorises the operator of a business selling food and drink to put removeable furniture such as counters, tables and chairs on the highway adjacent to its premises to sell food and drink from and/or for its customers to use.
The new, fast track procedure for the grant of pavement licences bypasses existing regulatory regimes; in particular, a pavement licence:
- authorises the restriction, by anything done by the licence-holder pursuant to the licence, of public access to the part of the relevant highway to which it relates without the need for a Highways act permit
- constitutes deemed planning permission for anything done by the licence-holder pursuant to the licence, thus removing any requirement for a separate planning application
- removes any requirement for a street trading licence in respect of anything done by the licence-holder pursuant to the licence
This regulatory short cut is temporary, and no pavement licence may extend beyond 30 September 2021, when the new regime comes to an end.
- Who can apply for a pavement licence
- What does a pavement licence allow
- Apply for a pavement licence
- Determining licence applications
- Licence conditions
Who can apply for a pavement licence
Applications for a pavement licence may be made by individuals, partnerships, limited companies and other organisations, but must relate to the use of a specific premises; the licence is not portable. The applicant must use, or propose to use, those premises for, or including:
- use as a public house, wine bar or other drinking establishment
- other use for the sale of food or drink for consumption on or off the premises
The minimum requirement is a proposed partial food and beverage element, which may be for consumption entirely off the premises. This does not just include traditional hospitality sector venues or licensed premises such as restaurants, cafés, pubs and bars, so food and drink retailers with no previous hospitality element, and even units with no previous food and beverage element may apply for a licence.
However, pavement licences do not add to or alter any entitlements the premises may or may not have to serve food or beverages. Such entitlements will still be covered in the normal way by:
- the planning regime
- the licensing regime where the activity is a licensable activity (e.g. the sale of alcohol)
- registration requirements for food businesses
- (where relevant) the provisions of tenancy agreements including user clauses
- (where relevant) land covenants
The premises must be adjacent to the public highway, but this does not necessarily mean that the licenced area must be contiguous to or abutting the frontage of the premises - somewhere very near may suffice.
What does a pavement licence allow
The pavement licence authorises the placement of removable furniture on part of a relevant highway adjacent to the premises for either or both of two defined purposes, namely:
- to sell or serve food or drink supplied from, or in connection with the use of the premises
- by other persons for the purpose of consuming food or drink supplied from, or in connection with use of the premises.
'Furniture' is defined as:
- 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
- umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink
If the premises the applicant uses or intends to use has a Licensing Act 2003 licence to serve alcohol for consumption only on the premises, temporary amendments to 2003 Act will generally result in a temporary authorisation for alcohol to be sold for consumption off the premises without the need to apply for a variation of the licence.
The grant of a pavement licence will not extend or alter the permitted hours conditioned on any planning permission and/or specified on a premises licence for the premises to which it relates. So, if a premises has a Licensing Act 2003 licence permitting the sale of alcohol between specified hours, those are the maximum hours that alcohol may be sold for consumption on an area covered by an associated pavement licence.
Apply for a pavement licence
Applications may only be made electronically and are subject to payment of a non-refundable fee of £100, which must be paid online (select Other Payments/Licence Payments/Alcohol and Entertainments Licensing and enter the date when prompted for a reference) before the application is submitted.
If you have already submitted a street trading licence application which has not yet been determined in respect of the proposed licensed area, that application will be deemed to be withdrawn and no further fee is payable (but the street trading licence application fee will not be refunded).
The following additional information must be supplied with the application:
- a plan clearly showing the proposed area covered by the licence in relation to the highway and the premises (this does not have to be drawn to scale, but must have measurements clearly shown)
- photographs or brochures showing the proposed type of furniture and information on where you intend to put them within the proposed licensed area
- proof of valid public liability insurance with minimum liability cover of £5,000,000 (five million pounds)
- either evidence that a manager or other responsible member of staff has successfully completed the ACT eLearning course or indication that they will do so within 10 days (see Licence Conditions below)
Please complete the application form:
Application for a pavement licence (DOCX, 107KB)
and submit it together with the required additional information by email to firstname.lastname@example.org.
You are encouraged to speak to neighbouring businesses and residents before applying, so that you may address any issues or concerns they may have about noise or nuisance.
On the same day that you submit the application, you must complete the Public Notice:
Pavement licence public notice template (DOCX, 99KB)
and display it with a copy of the plan of the proposed licensed area at the premises to which it relates so that it is easily visible and legible to the public from outside of the premises. You must then take a photograph of the notice and plan and email the photograph to email@example.com.
The notice must remain in place throughout the public consultation period of 7 days (not including bank holidays) starting the day after which the application is made. It may be sensible for you to record and retain evidence that you have complied with this requirement, perhaps by keeping a regular log, supported by photographs, that the notice is in place.
A copy of the notice will also be displayed on the council’s website throughout the consultation period. We will also consult with the police and the council’s Highways department in considering your application.
The council may grant (wholly or partially) or reject your application at the end of the public consultation period, but we must decide your application by the end of the determination period of 7 days (not including bank holidays) beginning the day after the end of the public consultation period.
Determining licence applications
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 2021, 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.
All licences granted are subject to the council’s standard conditions for pavement licences:
Standard conditions for pavement licences (PDF, 129KB)
Where considered appropriate the council may impose additional special conditions on the grant of a licence.
The Metropolitan Police, Greater London Authority and the Mayor’s Office have together sought to incorporate a protective security condition to pavement licences. Accordingly, the manager and/or at least one responsible member of staff for each premises must register and successfully the complete nationally recognised counter terrorism training product referred to as ACT eLearning package within 10 days of the pavement licence application being made, unless they have already done so.
The eLearning course is available on the GOV.UK website, it is free of charge and takes about 45 minutes to complete. (ACT eLearning Certificates are provided on successful on-line completion)
If the council considers that a licence holder has breached a condition of a licence, it may either revoke the licence or serve a notice on the licence-holder requiring them to take such steps to remedy the breach as are specified in the notice within a time specified.
If the licence-holder fails to comply with a notice, the council may revoke the notice or take the steps itself and recover the costs of doing so from the licence-holder.
A licence may also be revoked in the following circumstances:
1. Some or all of the part of the relevant highway to which the licence relates has become unsuitable for any purpose in relation to which the licence was granted
2. As a result of the licence:
- there is a risk to public health or safety, or
- anti-social behaviour or public nuisance is being caused or risks being caused
- the highway is being obstructed (other than by anything done by the licence-holder pursuant to the licence
3. Anything material stated by the licence-holder in their application was false or misleading, or
4. The licence-holder did not comply with the duty to fix the notice to the premises and secure that it remained in place during the public consultation period
Every application for a new pavement licence is subject to a public consultation period of 7 days (not including Good Friday, Christmas Day and Bank Holidays) before it may be approved.
The consultation period starts on the day after a complete application is submitted to us. During this time, a public notice advertising the application must be displayed at the premises. A copy of every notice will also be published here for the duration of the consultation period.
Anyone who wishes to make representations on the application or object to the granting of a licence should contact the Licensing Team.
Millennium Cafe, 12 Whalebone Lane, Dagenham, RM8 1BB Toggle accordion
Public Notice - Millennium Cafe (PDF, 63KB)
End of consultation - 18 May 2021.
Notice of application for a pavement licence
Date of application: 11 May 2021.
Notice is given that:
Full name of applicant: Millennium Cafe.
Has applied to the London Borough of Barking & Dagenham for a Pavement Licence at:
Name and full address of premises: Millennium Cafe, 12 Whalebone Lane, Dagenham, RM8 1BB.
The application is for:
Brief description of application:
Due to Coronavirus we want to have some of our clients served outside.
Any person wishing to make representations regarding this application, or request to view the application may do so by contacting the Licensing Team by email at firstname.lastname@example.org or by telephone on 020 8215 3000 within the 7 days following the application date above (not including Bank Holidays).