Pavement Licences

Apply for a Pavement Licence under the Business and Planning Act 2020

The Business and Planning Act  2020 has introduced a new licence which allows  premises serving food and drink such as bars, restaurants and pubs to apply for a pavement  licence to place removable furniture ( including tables and chairs) on a relevant highway adjacent to the premises. 
 
The furniture may be used for one or both of the following purposes,
  • Use of the furniture by the licence- holder to sell or serve food or drink from, or in connection with the relevant use of, the premises.
  • Use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, the premises.

Application for the Grant of a Pavement Licence

Applications for a Pavement licence must be accompanied by the following:
  • a completed Application Form
  • the required fee of £100, this should be paid on-line and is non-refundable.  Link to make payment is here: https://www.surreyheath.gov.uk/residents/make-payment
  • a plan showing the location of the premises defined by a red line, so the application site can be clearly identified
  • a plan clearly showing the proposed area covered by the pavement  licence in relation to the highway, if not to scale, with measurements clearly shown.  The plan must show the positions and number of the proposed tables and chairs, together with any other items that you  wish to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area.
  • the proposed days of the week on which, and the times of day between which, it is proposed to put furniture on the highway,
  • the proposed duration of the licence (for e.g. 3 months, 6 months, or a year);
  • evidence of the right to occupy the premises (e.g. the lease);
  • photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied;
  • evidence that the applicant has met the requirement with regards to the Site Notice has been met (for example photographs of the notice outside the premises and of the notice itself);
  • a copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £5 million, and
  • any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied.
Completed applications, should be sent to licensing@surreyheath.gov.uk

Site Notice

On the same day that you make an application for a pavement licence you must:
  • Fix a notice of the application to the premises so that the notice is readily visible to, and can be read easily by, members of the public who are not on the premises, and
  • Ensure that the notice remains in place until the end of the consultation period.
  • The site notice must state that the application has been made.
  • Indicate that representations relating to the application may be made to the local authority  during the public consultation period (and indicate when that period comes to an end).

The Site Notice Template

Public Consultation

Public consultation on the application starts on the day after the application has been made and lasts for 7 consecutive days, representation received after this day will be considered invalid.  
 
Applications will be checked to ensure that all the relevant information has been provided. If an application is incomplete we will make contact with the applicant requesting the missing information. The 7 day consultation will then start the day after the missing information has been provided.
 
Anyone wishing to make a representation on an application for a Pavement Licence may do so by following the link below:
 

Determination of applications

At the end of the public consultation period we will have 7 days to  determine the application, starting with the first day after the public consultation ends.
 
At this stage we may:
  • Grant a pavement licence to the applicant, together with conditions or
  • Reject the application.
  • Although there is no automatic right of appeal to a decision to reject an application, arrangements are in place that will allow businesses to seek  a review of a decision to refuse a licence.
Further advice and guidance for businesses  on pavement licences is provided in our Guidance for Businesses-Business and Planning Act 2020.
 
If you have a query not covered by our guidance please email licensing@surreyheath.gov.uk
 
These are temporary arrangements, which may come to an end at the end of September 2021. Licences may be granted for a minimum of three months. Alternatively they may be granted for any period up until the end of September 2021 when they will automatically expire.