Pavement Licences

From the 31st March 2024 the temporary Pavement Licence regime under the Business and Planning act became permanent. This replaces the regime for pavement licences that was previously administered by Hertfordshire County Council.

Who is eligible to apply?  

A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.

A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.

Businesses that do not use their premises for the sale of food or drink, for example salons, are ineligible. Though they can apply for permission to place furniture on the pavement under the Highways Act 1980.

Such a licence grants the applicant permission to place removable furniture on a public highway adjacent to their premises. Applications for non-food premises will not be granted a pavement licence.

What furniture is allowed?

The furniture which may be placed on the pavement include:

  • 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; and
  • umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.

This furniture is required to be removable and related to the serving, sale and consumption of food or drink. Local authorities should be pragmatic when determining what is ‘removable’ but in principle this means it is not a permanent fixed structure, and is able to be moved easily, and stored away at night.

What furniture is not allowed?

Furniture that is not removable and used in connection with the outdoor selling or consumption of food or drink are not permitted by a pavement licence.

Advertising boards are not included in the definition of furniture within the pavement licensing regime. As well as needing consent under the Highways Act 1980, advertising boards also require express advertising consent under the Town and Country Planning Regulations 2007.

Applicants that wish to place non-removable furniture onto the highway must apply for permission under the Highways Act 1980.

Apply for a temporary pavement licence

To apply for a temporary pavement licence you must do the following:

Supporting documents

An application to the local authority must:

  • specify the premises and, the part of the relevant highway to which the application relates;
  • a scale plan of the area (showing the location of all items to be placed in the licensed area);
  • a location plan (showing both the area to be licensed and the premises relating to the application outlined in RED;)
  • specify the purpose (or purposes) for which the furniture will be used which must be for use by the licence-holder to sell or serve food or drink, and/or for use by other people for the consumption of food or drink. In both cases the food or drink must be supplied from, or in connection with relevant use of the premises;
  • specify the days of the week on which and the hours between which it is proposed to have furniture on the highway;
  • describe the type of furniture to which the application relates, for example: tables, chairs, and/or stalls;
  • specify the date on which the application is made;
  • contain or be accompanied by such evidence of public liability insurance, of at least £5 million, in respect of anything to be done pursuant to the licence as the authority may require; and
  • a copy of your completed public notice;

Pavement Licence Policy and standard conditions

This document can be downloaded from this web page and you should read it completely before making an application as this will help the process run more smoothly. It will also help you to understand the responsibilities placed on you if a licence is granted and the standard and National conditions that will be attached.

Government Guidance

Guidance can be found on the Pavement licences: guidance page on the Gov.uk website.

Application process

When we receive a valid application we will:

  • Forward your application to the consultees giving them 14 days to comment on the application
  • Put notice of the application on our website
  • Visit to check your notice is displayed on the premises
  • When the consultation period closes we have 14 days in which to decide your application:
  • If there are no objections then the application will be granted as quickly as possible; or
  • If there are valid objections, either from the consultees or the public, then these will be considered and a decision will be made on the grounds laid out in the Act and Guidance.

Either way you will be notified of the decision within this second 14 day period or you can consider the application granted. 

The matters that must be considered when determining an application include:

  • Public Health and Safety
  • Public amenity
  • Accessibility
  • Any other temporary measures that are in place that may be relevant
  • Whether there is already permanent street furniture or structures that reduce the access
  • Recommended minimum footway widths
  • Any warning notices issued in relation to a previous pavement licence
  • The revocation of a previous pavement licence 

The options when determining an application are:

  • 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; or
  • refuse the application.
  • If your application is refused then the grounds for that refusal will be clearly given to you with the decision. This will allow you to consider amending and resubmitting an application. 

There is no statutory route of appeal. If your application is refused you are advised to address the reasons given and submit a revised application. We advise early engagement with consultees and your neighbours, whether these are residents or other businesses. These conversations should help you to avoid objections. 

Any person can object to an application but this needs to be done in writing and received before the 14 day consultation period closes. This can be sent to:

The authority may revoke a licence, or amend it with the consent of the licence holder, in the following circumstances:

  1. If it considers that the highway is no longer suitable for the use as granted by or deemed to be granted by the licence. For example, the licenced area (or road adjacent) is no longer to be pedestrianised: or
  2. If there is evidence that:
  • there are risks to public health or safety – for example where it comes to light that there are significant security risks which have not been sufficiently considered, or addressed in a proportionate fashion (this should be reassessed as necessary, particularly in the event of changes to the terrorism threat level);
  • this use of the highway is causing an unacceptable obstruction, breaching the no-obstruction condition – for example, the arrangement of street furniture prevents disabled people, older people or wheelchair users to pass along the highway or have normal access to the premises alongside the highway; or
  • the use is causing, or risks causing, anti-social behaviour or public nuisance – for example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up.

The local authority may also revoke a licence in the following circumstances:

  1. For a breach of condition, (whether a remediation notice has been issued or not); or
  2. It comes to light that the applicant provided false or misleading statements in their application – for example they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed; or
  3. The applicant did not comply with the requirement to affix the notice to notify the public of the application or secure that the notice remains in place until the end of the public consultation period. 

Where possible you should talk to the person operating the premises in the first instance to try to resolve any issues. We understand that this may not always be possible or you may not be comfortable doing this but often this is the swiftest way of resolving matters.

If you wish to complain about the operation of a pavement licence then this can be done via email to licensing.enforcement@eastherts.gov.uk or by calling 01279 655261 and ask for licensing.

The Pavement Licence Policy which can be viewed and downloaded from this webpage explains our approach to enforcement of breaches and details the standard conditions attached to every pavement licence. 

There are no current applications

Questions

If you have any questions about Pavement Licences then please email community.protection@eastherts.gov.uk or by calling 01279 655261 and ask for licensing. You will receive a response via email or you can request a call back from the Licensing Team if you prefer.

 

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