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Pavement Licence

The Business and Planning Act 2020 delegates the issue of Temporary Pavement licences to the local Council.  The Government has provided full guidance which can be accessed at https://www.gov.uk/government/publications/pavement-licences-draft-guidance/draft-guidance-pavement-licences-outdoor-seating-proposal

You can view licence applications which are currently open to objections here.  If you wish to object during the public consultation period please email licensing@spelthorne.gov.uk

What you need to know

You must be a registered food business to apply for a pavement licence.

If you are applying for a licence, it means you are:

  • carrying on (or planning on) selling food or drink from your business
  • this might be for drinking/eating on or off your premises

The pavement licence on its own does not allow you to trade. You must still apply for:

  • a premises licence if you are selling alcohol or late-night refreshments
  • a club premises certificate if you are supplying alcohol
  • a street trading consent if you are selling items outside where the public go without paying

Applicants are strongly encouraged to talk to neighbouring businesses and occupiers prior to applying to the local authority, and take any issues around noise, and nuisance into consideration as part of the proposal.

Please be aware that all licence holders must adhere to the latest government guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services.

Submission of the Application

  • you can apply for a pavement licence by completing the application form available on our website on the licensing webpage and this should be submitted via email, together with the following to licensing@spelthorne.gov.uk  the required fee of £100 (click on the green button below to pay, click other payments, then environmental health and select pavement licence), paid by credit or debit card, together with the receipt for the payment

    Pay for your Pavement Licence
  • proof of the applicants identity and right to work
  • a plan showing the location of the premises shown by a red line, so the application site can be clearly identified
  • a plan clearly showing the proposed area covered by the 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 to be placed on the highway 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
  • a risk assessment demonstrating how the applicant will manage social distancing and the conflict between pedestrians using the footway, those using the tables and those queuing to access the premises
  • 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 eg 3 months, 6 months, or a year)
  • photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied
  • (if applicable) reference of existing pavement licence currently under consideration by the local authority
  • evidence that the applicant has met the requirement to give notice of the application (for example photographs of the notice outside the premises and of the notice itself)
  • (upon grant of licence) a copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £10 million, and
  • any other evidence needed to demonstrate how the Council's local conditions, and any national conditions will be satisfied

If you send an incomplete application, we will reject it and you will have to start the process again. The statutory consultation period starts when we receive your complete application.

What you need to know

You must:

  • put a notice up to advertise your application on the day you submit your application
  • take a photograph of the notice in place to send with your application

When we receive your application, we will contact the relevant organisations. This consultation takes 7 days from the day of the application.

Please read our pavement licensing policy for more information.  We will make a decision within 7 days of when the consultation ends. 

We may:

  • grant the application in full
  • grant the application in part
  • refuse the application

The application will be automatically granted if we fail to make a decision. The licence in this case will then last for a year.

You cannot appeal against the refusal of a pavement licence.

We will not refund the fee if we refuse your application.

 

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