Cafe pavement licence Policy

Application and determination of pavement licences

3.1 Submission of the Application

An application for a Pavement Licence must be made to the Council, and the following will be required to be submitted with the application:

a completed Application Form submitted electronically and sent to licensing@southribble.gov.uk.
the required fee of £500 for new applications and £350 for renewals paid by credit or debit card
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 that they 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
(if applicable) reference to any 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)
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
a declaration as to the truth of the contents of the application and accompanying documents and an acknowledgement that the pavement licence is liable to revocation if the application contains false or misleading statements
any other evidence needed to demonstrate how the Council's local conditions, and any national conditions will be satisfied.

3.2 Fees

The Council has determined that the fee for applications will be £500 for new applications and renewals £350.

3.3 Consultation

Applications are consulted upon for 14 days, starting with the day on which a valid application was made to the Council.

The Council will publish details of the application on its website at www.southribble.gov.uk.

The Council is required by law to consult with the Highways Authority. In addition, to ensure that there are not detrimental effects to the application the Council will consult with:

South Ribble Council Town Centre Management
South Ribble Council Environmental Health Service (including Environmental Control and Food and Safety Teams)
South Ribble Council Planning Department
Lancashire Fire & Rescue Service
Lancashire Police
Members of the public and
others listed above can contact the Council to make representations.

The Council must take into account representations received during the public consultation period and consider these when determining the application.

3.4 Site Notice

An applicant for a pavement licence must on the day the application is made, 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.

The notice must be constructed and secured so that it remains in place until the end of the public consultation period. Evidence of the site notice requirement must be supplied to the Council.

The Site Notice must:

state that the application has been made and the date on which it was made
state the statutory provisions under which the application is made
state the address of the premises and name of the business
describe the proposed use of the furniture
indicate that representations relating to the application may be made to the Council during the public consultation period and when that period comes to an end
state the Council's website where the application and any accompanying material can be viewed during the consultation period
state the address to which representations should be sent during the consultation period
the end date of the consultation (5 working days starting the day after the application is submitted to the authority).

A template Site Notice is shown as Appendix 1.

3.5 Site Assessment

The following matters will be used by the Council and consultees in considering the suitability of the proposed application:

public health and safety - for example, ensuring that uses conform with latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening
public amenity - will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter
accessibility - taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users, taking account of:
- any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles
- whether there are other permanent street furniture or structures in place on the footway that already reduce access; o the impact on any neighbouring premises o 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
- other users of the space, for example if there are high levels of pedestrian or cycle movements.

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

3.6 Determination

Once the application is submitted the Council has twenty-eight days from the day after the application is made (excluding public holidays) to consult on and determine the application.

This consists of fourteen days for public consultation, and then fourteen days to consider and determine the application after the consultation.

If the local authority determines the application before the end of the determination period, the local authority can:

grant the licence in respect of any or all of the purposes specified in the application,
grant the licence for some or all of the part of the highway specified in the application, and impose conditions, or
refuse the application.

3.7 Approval of Applications

The Council may approve applications meeting the criteria contained within these guidelines. On approving the application, the Council will issue a Pavement Licence to which conditions will be attached. The licence will also contain specific terms such as days and hours when tables and chairs are permitted and appearance and location of the furniture corresponding to the application.

A copy of the Council's standard conditions, which will be attached to all Pavement Licences are shown at Appendix 2. Additional conditions may be attached if the Council considers it appropriate in the circumstances of any particular case.

The Council generally will only permit Pavement Licences between 09:00 and 21:00. Applications outside these hours will be assessed in terms of the criteria detailed above. The Council however retains the right to specify permitted hours of trading that are less than those specified above in appropriate circumstances.

3.8 Licence Duration

If the Council determines an application before the end of the determination period (which is 14 calendar days, beginning with the first day after the public consultation period, excluding public holidays) they may can specify the duration of the licence, subject to a minimum duration of 3 months. The expectation from the Government is that local authorities will grant licences for 24 months or more unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space.

If a licence is ‘deemed’ granted because the authority does not make a decision on an application before the end of the determination period, then the licence will be valid for a year.

Existing pavement licences granted before 31 March 2024, under the Business and Planning Act 2020, prior to the commencement date, will remain valid until the expiration date on the licence, given to them by the licensing authority (September 2024). Once this has expired, businesses will need to apply for a new licence.

Any pavement licence that was granted under the Business and Planning Act 2020 before the commencement date with no limit on its duration, or that was deemed to be granted will expire 2 years from the commencement date. There is no provision in the Act to transfer a Pavement Licence. Refusal of Applications If the site is deemed unsuitable for a Pavement Licence, or if relevant representations are made which cannot be mitigated by conditions then the application may be refused. There is no statutory appeal process against decision to refuse an application.