This is what the legislation says, brought in by the last government. Fast track pavement licenceThe Business and Planning Act introduced a provision for a Pavement Licence, which covered the placement of removal street furniture on the highway. As of the 31st March 2024 through Section 229 and Schedule 22 of the Levelling Up and Regeneration Act 2023 that the Business and Planning Act 2020 has been amended. These amendments include:The set fee of £100 for both new and renewal of pavement licences has now changed to £350 for a renewal and £500 for a new licence under the Business and Planning Act 2020.The consultation and determination times have also increased from 7 days to 14 days.New enforcement powers have been introduced.This Act also make the pavement licence provisions permanent.The fast track application can be used for a pavement licence to put removable furniture on the highway adjacent to the premises. Premises for which an application can be made include pubs, cafes, bars, restaurants or other drinking establishment, and premises for the sale of food for consumption on or off the premises.These rules do not apply to crown land or land owned by Network Rail.If you are applying for a pavement licence to be located within a parking or loading bay please contact traffic@hounslow.gov.uk to enquire if the bay can be suspended prior to applying for a pavement licence as the bay must be suspended before a pavement licence could be issued. See: ParkletsIf you are applying for a pavement licence to be located in front of an adjacent premises you must provide written consent from the owner/occupier of the adjacent premise with your application. If this consent is removed, then the table and chairs must no longer be placed in front of the adjacent premise.Operators wishing to apply or renew a pavement licence can do so by completing the online eform and making payment. Please note that the granting of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences and the need to comply with registration requirements for food businesses.The furniture which may be used is:Counters or stalls for selling or serving food or drinkTables, counters or shelves on which food or drink can be placedChairs, benches or other forms of seatingUmbrellas, barriers, heaters and other articles used in connections with the outdoor consumption of food and drinkFurniture is required to be removable i.e. not a permanent fixed structure but able to be moved easily and stored away of an evening.Before you apply, please note the following:You will need to provide the following documents with your application:Detailed plan of the external areas showing dimensions, width, depth of area to be licensed and distance to the nearest street furniture and kerb.Specify the days of the week and times that you will have the furniture on the streetDetails of your public liability insurance to cover activities on the streetIf you are looking to place your pavement licence in a parking or loading bay ensure you have the bay suspended prior to applyingIf you are applying for a pavement licence to be located in front of an adjacent premises you must provide written consent from the owner/occupier of the adjacent premise with your applicationNew licence fee £500Renewal licence fee £350 if applied for the same premises and on the same terms e.g. dates, times and dimensions as the expiring licenceUnless all the required documents are provided as part of this application consultation will not begin. We will email you to request the relevant document(s) needed and once provided consultation will begin.The consultation period is 14 days beginning the day after the day the application is made and the applicant must:On the day the application is made affix a notice in the front window of the premises so it is readily visible and can be read by the public.Ensure the notice remains up until the end of the consultation.We will provide the notice to you following receipt of your application. We recommend that you take a dated stamped photo of the notice at the start and at the end of your consultation period.We will process your licence in 14 days from the day after the application is made (excluding public holidays). This consists of 14 days for public consultation and 14 days to consider and determine the application after the consultation.If you have not heard back from council in 28 days, the application will deemed to be granted. Licences are now issued for a period of 12 months as the previous september expiry is no longer relevant due to the provisions being made permanent.Before determining an application, the Local Authority will:consider any representations madeconsult the Highways Authorityconsult other such persons as the Local Authority considers appropriate.grant or reject the application. If granted it can be for any or all of the purposes applied for and for some or all of the space applied for.Things to consider when applyingThe first and most important consideration is whether you have adequate outside space to use.The Local Authority has an obligation to meet the requirements of the Disability Discrimination Act 2005 (DDA 2005). This means that where your business is occupying pavement space, there must be a minimum of 1.5m unobstructed space between the outer edge of your tables and chairs space and the edge of the pavement or to the edge of another obstruction. This should be 2m on areas of high footfall but each case will be considered on its merits.
Vanessa Smith ● 20d