Pavement Licence (Tables and Chairs)
The Covid-19 pandemic has affected businesses across the economy causing many to cease trading for several months while others have had to significantly modify their operations. As a result the Government has announced further and urgent relaxations to planning and licensing laws to help the hospitality industry recover from the coronavirus lockdown by removing short term obstacles that could get in their way.
A new temporary fast-track process for businesses to obtain permission, in the form of a “pavement licence”, has been introduced. These are available from Newham Council for the placement of furniture such as tables and chairs on the pavement outside their premises that will enable applicants to maximise their capacity whilst adhering to social distancing guidelines.
Pavement licence application
Currently, tables and chairs permissions are granted as Pavement (Amenity) licences by Newham Council’s Network Management Team, who act on behalf of the Highway Authority, under Part 7A of the Highways Act 1980.
The new temporary measure places a cap on the application fee of £100 for businesses, and introduces a new 14-day determination period, ensuring that businesses can obtain licences in a timely and cost effective manner aiding to their financial recovery. This fee is not refundable, should the licence be issued or not.
A pavement licence may be granted by Newham Council, or deemed to have been granted, allowing the licence-holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.
Business which are eligible are premises for the sale of food or drink for consumption (on or off the premises), and includes: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours. The licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.
Licences can only be granted in respect of highways listed in section 115A(1) Highways Act 1980. Generally, these are footpaths restricted to pedestrians, or are roads and places to which vehicle access is restricted or prohibited. Other sensitive areas or areas containing utility apparatus may result in
The furniture which may be used is:
- counters or stalls for selling or serving food or drink;
- tables, counters or shelves on which food or drink can be placed;
- chairs, benches or other forms of seating; and
- umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.
- This furniture is required to be removable, which means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.
Applicants will be advised of full terms and conditions of the Pavement Licence prior to the determination and issue.