Will I be able to get a temporary permission to help with COVID-19 Restrictions?
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 2023.
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
Government Guidance on Pavement licence new provisions (external website)
Government Guidance on the new alcohol off-sales extension (external website)
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.
How do I apply?
You will need to complete the below application form and submit alongside all required supporting documents by email to: firstname.lastname@example.org.
Application for a Pavement Licence (word 68kb)
You will need to also submit the following:
- A plan showing the location and size of the outside area being requested, with the table positions indicated on the plan
- Photograph of the proposed furniture
- Public Liability insurance - minimum of 5 million cover
- Consent from adjoining premises if your proposed area crosses across any other premises/property.
Your application will not be complete until all documents and fee are received.
How much does a pavement licence under The Business and Planning Act cost?
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.
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3 Month Licence
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6 Month Licence
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12 Month Licence
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What happens after I make a complete application?
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.
Public Notice Business and Planning Bill Pavement Licence (word 25kb)
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 you application is not determined in this time your licence is deemed granted as applied for until 30 September 2023.
Will I definitely be allowed to place my tables and chairs out on the highway?
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):
- Is the highway suitable for tables and chairs - surface material will they be safe to use?
- Will placing of tables and chairs on the highway cause difficulties in queuing to use shops/ will it prevent people being able to maintain social distancing when the roads and paths are narrowed/obstructed?
- Will tables and chairs in a set location cause safety implications for the public including the visually impaired and disabled?
- If two premises are adjoining one another and they both want to place tables and chairs out, how can they work with social distancing?
- Does the premises have any restrictions on their Licensing Act 2003 premises licence that may prevent the use of an outside area?
- Does the premises have another external area they can use instead of highway etc?
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.
If we only sell alcoholic drinks and no food, will we be considered for a pavement licence?
Yes. Any premises that sells 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.
Will I am able to allow alcohol in the outside area?
- No: if no licence for the sale of alcohol under The Licensing Act 2003 is in place.
- Yes: if you hold a valid premises licence for the sale of alcohol for either 'on and off sales' or 'on sale only'.
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.
- In the last 3 years (as of 22 July 2020) had an premises licence application for 'off sales' refused
- In the last 3 years (as of 22 July 2020) varied your premises to remove off sales, or had an application to vary your licence to add off sales refused
- In the last 3 years (as of 22 July 2020) had a licence modified by review to have off sales removed or conditions added to prohibit off sales.
More information on the 'off sales' extension can be seen on the below link:
Government Guidance on the new alcohol off sales extension (external website)
What will be the conditions of the licence?
The below document shows the East Riding of Yorkshire Councils 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.
Pavement Licence Local and National Conditions (pdf 150kb)