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What a pavement consent is, how can I apply for a pavement consent, and who regulates pavement consents. Has anything changed due to COVID-19?
During the COVID-19 pandemic can I put tables and chairs outside?
Please note: this information is still valid until September 2024.
As of 20 July 2021, the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations came into effect which means that temporary pavement licences can now be issued until 30 September 2024.
This extension to this Act offers a further opportunity for any premises selling food and/or drink to apply to use Highway land on a temporary basis to assist with being able to socially distance customers wishing to consume the purchased food or drink. More information on these new permissions can be seen on the below links
All current pavement licences issued under the Business and Planning Act 2020 will expire on or before 30 September 2023; there is no renewal process for existing licences, so a new application will need to be submitted if a temporary permission is required beyond this date.
You will need to complete the below application form and submit alongside all required supporting documents by email to: email@example.com.
You will need to also submit the following:
Your application will not be complete until all documents and fee are received.
On submission of all required paperwork, an officer will call you to take payment. Alternatively you call the team on (01482) 396297 to make payment by credit/debit card.
|3 Month Licence||£50||£35|
|6 Month Licence||£75||£50|
|12 Month Licence||£100||£75|
Once your application form, supporting documents and fee have been received, from the following day you will need to display the below notice on your premises in a prominent and clear position for 7 days.
This period allows for any interested parties to make representation to the Licensing team for our consideration, during this time consultation will also take place with the Highways team.
After the advertising of your application ends, we have a further 7 days maximum to determine your application. If your application is not determined in this time your licence is deemed granted as applied for until 30 September 2023.
Due to the diversity of the East Riding area, town, and village centres every request for a pavement Licence will need to be assessed on a case-by-case basis.
There will need to be full consideration of such matters as below (this list is illustrative and not exhaustive):
We cannot say that all premises locations will be suitable for placing furniture on the street. Consultation with the council’s planning and highways teams will also be part of this process.
Yes. Any premises that sell food and/or drink for customers to consume on their premises is eligible to apply for a pavement licence to use highway land to place outside additional furniture.
The Business and Planning Act 2020 introduced 'Off sales extension' this means that all licensed premises that currently do not have 'off sales' on their licence or have 'off sales' on reduced hours to their on sales, can now do 'off sales' too. This allows for people to consume the alcohol purchased at a premises in an outside area on highway land up until either 23.00 hours or earlier if the existing licence permissions end before 23.00 hours.
This will be an automatic right, except if you fall into any of the below groups - then you will not be entitled to use this extension.
More information on the 'off sales' extension can be seen on the below link:
The below document shows the East Riding of Yorkshire Council's local conditions under the Business and Planning Act 2020, and the inclusion of the National conditions that will apply to all licences.
The licensing team can also upon grant add additional bespoke conditions should these be deemed necessary.
What is a pavement consent?
Pavement consents are aimed at offering the public the chance to eat and/or drink in outside facilities.
A pavement consent allows control of these areas of the highway to ensure the use of tables and chairs outside does not have any detrimental effect on the area and that the rights of all users are protected. For example, to ensure pushchair and wheelchair access remains clear at all times.
The pavement consent can be a means of adding vitality and life to areas, helping to maximise the use of our public spaces and offer a range of facilities for people who live, work and visit the East Riding of Yorkshire.
Pavement consents are aimed at providing discrete outdoor areas for café style food led cafés or licensed premises. Where customers are offered the chance to purchase both food and drink and any alcohol sales are incidental to the food service.
The grant of any consent to use the councils land for this purpose is considered on its own merits and discretionary.
Can I apply for a pavement consent?
Pavement consents will not normally be considered if:
All application will be considered on their merit, however, the grant of any consent is discretionary.
Full details of all requirements can be found in the current pavement licence policy, available to view using the link below:
How do I apply for a pavement consent?
You can apply for a pavement consent at any time if you meet all the application criteria, however, a pavement consent will normally be issued from the 1st May each year.
Before applying for a pavement consent the owner of the premises should submit a business plan to the Licensing Team using the details below:
Your business plan should set out how you plan to manage the area in accordance with the following licensing objectives:
Details of the proposed area/number of tables and chairs/barriers should also be provided with the initial business plan.
To apply for a new pavement consent you will need to submit the following:
A completed application form
Apply online for a pavement consent
The appropriate fee:
Site plan (full details of plan requirements can be seen in the pavement consent policy)
Photographs/images of proposed furniture and barriers/parasols
Certificate of public liability insurance minimum of 5 million cover, that must indemnify the council when the pavement consent is in place)
Copy of any planning permission/ details of Licensing Act 2003 premises licence.
Please note: all initial grant of pavement consents will only be issued for a 12-month period as a provisional consent and renewed during the 12-month period.
Once your application has been received, an officer will assess your application and a site visit will be made to ensure the area is suitable for the locality and meets the policy requirements and vision of the council around café culture.
Once your application has been accepted, you will need to advertise your application for a pavement consent on your premises for 28 consecutive days, using the notice placed in a clearly visible location on the premise. This notice must remain in place throughout the consultation period:
You will need to send photographs of your public notice on display to the licensing team using the contact details below:
You are also advised to inform any immediate neighbours or other businesses of your application.
Tacit consent does not apply to pavement licence applications as a decision needs to made after consideration of any representations.
Who else may I need to talk to?
Before you apply for a Pavement consent you may wish to discuss your plans with Planning as planning permission may be required for the area.
Can I renew my pavement consent?
Yes. You can renew your consent using the form below:
If nothing has changed in relation to your application please use the online form to renew your licence.
If you are unable to use the online application facility to renew, please email us for advice using the contact details below:
What if I want to change my pavement consent?
Any change to your pavement consent will require authorisation before the change is implemented, it may be that a new application would be required.
We would advise that it would be best to request changes in advance of your renewal.
If you need to make an alteration during the existing consent, please submit your request to the licensing team:
The authority will then liaise with Highways Team to ensure all parties are happy with any suggested alterations. The licensing service has the right to refuse any amendment if deemed inappropriate for the area. The decision of the council is final on any proposed changes.
A pavement consent cannot be transferred from one owner to another, a new application must be made.
What if I want to provide alcohol in my pavement consent area?
If you already hold a premises licence for the sale or supply of alcohol, you may be in a no drinking area.
Please seek advice from the licensing team by email: firstname.lastname@example.org
Alcohol-licensed premises must be predominately food-led for a consent to be granted.
Which premises have a pavement consent?
If you would like to know what premises have been issued a pavement consent, this can be viewed by visiting our public registers.
How can I object to a pavement consent application?
If you have concerns over an application for a pavement consent, you must put your concerns in writing within the 28 days representation period to the licensing team setting out the reasons for your concerns:
or post to:
East Riding of Yorkshire Council
If your application is refused by officers you have the right of appeal to the Director of Communities and Environment, the decision of the Director is final on this matter.
Who enforces pavement consents?
Pavement consents are regulated by the Licensing team, Highways, and Streetscene officers.
All pavement consents are issued with restrictions on how many tables and chairs can be placed on the highway and at what time they must be removed from the highway, which is a condition of the granted consent.
Once consent is issued, if the premises do not operate in accordance with the granted consent, a maximum of 3 warnings will be issued before the consent may be withdrawn. Each breach will be considered on a case-by-case basis.