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

• 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

• 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.

Site Notice

• 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

Determination of applications

• 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.