Application process
- Complete the application form and provide supporting documents, public liability insurance, plan of area to be used and picture of the site notice
- Pay the application fee of £100 (non-refundable)
- Display a notice at the premises advertising the application starting from the day the application is submitted. The end of consultation period is 7 days from the day after the application is made
- The process takes 14 days (7 day consultation period and 7 days to determine the application)
- Applications can be granted (in whole or part) or refused
- Comply with the mandatory condition that clear routes of access must be maintained and any other general conditions on the licence
Kinds of furniture that can be used
- counters or stalls for selling or serving food or drink
- tables, counters or shelves that food or drink can be placed on
- chairs, benches or other forms of seating
- umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink
This furniture must be removable. In principle removable means it is not a permanent fixed structure, and can be moved easily, and stored away.
Tacit Consent
If your application is not determined within 10 working days from the date of submission, your application will be treated as having been granted.
There is no statutory route to appeal decisions.
You can find more information and apply through your District Council
Consultation
Once the information is submitted there are 14 days from the day after the application is made (excluding public holidays) to consult on, and determine the application.
This consists of 7 days for public consultation, and then 7 days to consider and determine the application after the consultation.
The consultees for the application are: Highway Authority, Police, Environmental Health, Neighbourhood Services, Planning, and Parish or Town Council
Enforcement
If a condition imposed on a licence is breached, a notice requiring the breach to be remedied may be issued and action to cover costs may be taken.
A licence may be revoked in the following circumstances:
1. For breach of condition, (whether or not a remediation notice has been issued) or
2. Where:
- there are risks to public health or safety – for example by encouraging users to breach government guidance on social distancing by placing tables and chairs too close together
- the highway is being obstructed (other than by anything permitted by the licence)
- there is 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
- 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
- the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.
3. The local authority may also revoke the licence where all or any part of the area of the relevant highway to which the licence relates has become unsuitable for any purpose for which the licence was granted or deemed to be granted. For example, the licensed area (or road adjacent) is no longer to be pedestrianised. It is good practice for local authorities to give reasons where these powers are used.
Conditions
The mandatory condition contained within the Business and Planning Bill
Clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of ‘Inclusive Mobility’:
“A clear width of 2000mm allows two wheelchairs to pass one another comfortably. This should be regarded as the minimum under normal circumstances. Where this is not possible because of physical constraints 1500mm could be regarded as the minimum acceptable under most circumstances, giving sufficient space for a wheelchair user and a walker to pass one another.
“The absolute minimum, where there is an obstacle, should be 1000mm clear space. The maximum length of restricted width should be 6 metres (see also Section 8.3). If there are local restrictions or obstacles causing this sort of reduction in width they should be grouped in a logical and regular pattern to assist visually impaired people.
“It is also recommended that there should be minimum widths of 3000mm at bus stops and 3500mm to 4500mm by shops though it is recognized that available space will not always be sufficient to achieve these dimensions.
“Where a cycle track runs alongside a footway or a footpath best practice is to physically segregate the two as advocated in Local Transport Note (LTN) 2/86 Shared Use by Cyclists and Pedestrians.
“If this is not possible, appropriate tactile surfaces should be used to identify the cycle and pedestrian paths (see Section 4.5). The cycle track should be at least 1400mm wide with the cycle symbol on the ground every 50 yards. The pedestrian part should meet the standards given earlier in this section and should be separated from the cycle track by a raised dividing line 150mm wide and 12 to 20mm high, with a 50mm wide top face.”
Conditions to be attached to licences issued by district councils in Somerset:
- All furniture must be contained within and located as shown exactly on, the licensed area identified in the following plan: <plan/drawing of area>
- No changes must be made to the licensed area and locations of any furniture, including barriers, without written permission from the Council.
- The permitted hours of use are as follows:
- Outside of the permitted hours of use, all furniture must be removed from the licensed area of the highway and be stored securely.
- The Somerset County Council Highways Authority ‘Unauthorised Signs and Goods Displayed on the Highway’‘ policy must be complied with at all times.
- Staff must regularly monitor the licensed area and visit it, when necessary, to ensure it is kept clean and tidy. Any litter or waste arising from use of the licensed area must be cleared away, whether within the licensed area or its vicinity.
- Should the licensed area not adjoin the relevant premises, customers must not be permitted to carry food and drink which has been sold or supplied to be consumed within the licensed area, from within the relevant premises themselves. Instead, customers must be waited on by staff from the premises. If any accidents, for example spillages, should occur, they must be immediately cleaned up by staff.
- Suitable and sufficient barriers must be used, to prevent furniture from straying beyond the licensed area.
- Where parasols are used, they must be suitable. for instance not common garden umbrellas. They must not overhang barriers marking the licensed area and be closed and/or removed during windy weather.
- The licence holder must
- Must publicly display this licence, or a copy of it, at the premises so that it can easily be seen from the street to allow inspection by an authorised officer of the police or other officer authorised by the Council.
- Comply with any instruction given in relation to the use of the street or public place by an authorised officer of the Council, Highways Authority or Police.
- Indemnify the District Council against all liability which may at any time be taken, made or incurred in consequence of the use of Pavement Cafes and for this purpose must take out a policy of insurance in the sum of up to £5,000,000.
- Produce to the Council, on request, current receipts for premium payments and confirmation of annual renewals of the policy.
- The licence holder must not assign, underlet or part with his interest or possession, or any part under this licence, but may surrender it to the Council at any time.
- Amplified music must not be provided in or adjacent to the licensed area, nor projected to it, from the premises.
- Television screens (including projectors) must not be provided in or adjacent to the licensed area.
- The licence holder must ensure that no alterations are made to the highway surface.
- The licence holder must ensure that uses conform to latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening.