The Business & Planning Act 2020 delegates the issue of Temporary Pavement Licences to the local Council.
The objective of this legislation is to promote the use of outdoor spaces for the placing of "Street Furniture" (i.e. tables & chairs) on the highway (as defined by S.115A(1) Highways Act 1980) in front of premises such as pubs, bars, restaurants, cafes, snack bars, coffee shops, and ice cream parlours solely for the consumption of food and drink, in order to minimise the potential spread and transmission of Covid-19, and to help boost the economy.
Generally, these highways are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited.
The reason why they are called Temporary Pavement Licences is because they will cease to have effect from after 30th September 2021, unless the Government seeks to extend the scheme beyond this date.
Nothing! To help businesses find their way in these difficult and uncertain times, Ashfield District Council has chosen not to charge a fee for this service.
Street Furniture is defined as:
You can download a Temporary Pavement Licence Application Form here. It's very simple to complete, but you will need to also submit a few other items with it, when giving it to us to process:
A 7 day consultation period that commences on the first working day after you submit your completed application and additional documents to us. The Council will consult with the Highways Department at Nottinghamshire County Council, the Police, and our own Environmental Health, Environmental Protection, Community Response, and Environmental Services Teams.
You must place a Public Notice (download it here) on the front of the premises facing the highway for this same 7 day period.
If there are no objections, or no objections that cannot be overcome during the consultation period, then we will grant you a Temporary Pavement Licence within 7 days of the consultation period ending.
If there are outstanding objections, then a Hearing will be convened to determine your application.
As this is a fast-track approach - all applications must have been determined within 14 days (commencing from the first working day after the application was received by the Council).
The Council has 3 options available to it when determining applications:
There is no right of appeal against an application that is refused.
Any Temporary Pavement Licences that are granted have specific conditions attached automatically (set by the Government and the Council), in order to promote Covid-19 Safe venues and to promote equality, and to prevent obstruction of the highway, and to prevent noise nuisance, littering, and anti-social behaviour.
In some cases, the Council could impose additional conditions designed to promote the above objectives.
So when thinking about your application, consider what impact your proposal may have on pedestrians, wheelchair / mobility aided persons, and vehicles that may need to use the highway where you propose to site your outdoor Street Furniture.
You must also ensure that make provisions for an outdoor "smoke-free area" within any proposed plan.
If a condition imposed on a licence is breached the Council may issue a notice requiring the breach to be remedied and can charge the licence holder for any work the Council has to take put matters right (i.e. clearing up litter, etc).
Ashfield District Council is keen to see businesses prosper and will look to work with you if things don't go quite as planned, but at the same time we also have a duty to protect the rights and well-being of the public.
The Council has the power to revoke a licence in the following circumstances:
1. For breach of condition, (whether or not a remediation notice has been issued) or
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.
The Government has provided Guidance to assist applicant and Councils - click here to download it.
Contact the Licensing Team on 01623 457589 or by email: firstname.lastname@example.org