Pavement licensing policy

Pavement licensing policy - Application and determination

Application and determination of pavement licences

Submission of the application

An application for a pavement licence must be made via the council’s website (online), and the following will be required to be submitted with the application:

  • A completed application form
  • Payment of the appropriate fee, by credit or debit card online
  • A plan, showing the location of the premises and highway land area in question, shown by a red line, so the application site can be clearly delineated and identified
  • If the plan is not to scale, measurements must be clearly shown, for example, pathway width and length, building width and length, and the size any other fixed item to be placed in the proposed area
  • The plan must show the position and number of the proposed tables and chairs, together with any other furniture that the applicant wishes to place on the highway
  • The proposed days of the week, and the times of day, it is proposed to put the furniture on the highway
  • The proposed duration of the licence, if less than 6 months
  • Evidence of the right to occupy the premises (e.g., the lease) or of the current premises licence issued under the Licensing Act 2003
  • Photos or brochures showing the proposed type and style of furniture and information on its potential siting within the area to be covered by the application
  • If applicable,reference to any other pavement licence currently under consideration by the local authority
  • Evidence that the applicant has met the requirement to give public notice of the application (for example photographs of the relevant 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, and
  • Any other evidence needed to demonstrate how the council’s local conditions and any national conditions will be satisfied.

Fees

The fee for applying for a licence under the new process is £500 for first time applications and £350 for renewals. The licence will be valid for 1 year from issue.

Consultation

Applications are consulted on for 14 days (excluding public holidays), starting from the day following the day the valid application was received by the council.

The council will publish details of the application on its website on the search licensing application portal.

The council is required by law to consult with the Highways Authority. For security advice the council will consult the Police Licensing Team, Designing Out Crime Officers, and/or Counter Terrorism Security Advisors as appropriate. In addition, to ensure that there are no detrimental effects due to the application, the council Licensing team will also consult with:

  • Environmental Health Service (including the Environmental Protection, Health and Safety, Food and Licensing Teams)
  • Any other LB Bromley Department or other Agency deemed relevant to the application

Members of the public and others listed above can contact the council to make representations.

The council must consider representations received during the public consultation period and consider these when determining the application.

Site notice

The applicant is required to affix a notice to the premises, so it is easily visible and legible to the public on the day they submit the application to the local authority. They must ensure the notice remains in place for the duration of the public consultation period which is 14 days beginning the day after the day the application is submitted to/received by the council. When counting ‘days’ public holidays are not included. Applicants are encouraged to engage with any services or businesses operated in the vicinity of the application for vulnerable customers, for example, care homes, community centres, or disability organisations where individuals need clear access or be at particular risk from the proposed licensable area.

Evidence of the site notice requirement must be supplied to the council and may be checked on site at any time without prior notice.

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 advise when that period comes to an end
  • State the council’s website address 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, and

A template for the relevant Site Notice is shown at appendix 1.

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, any reasonable crowd management measures needed because of a licence being granted
  • Public amenity - will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and / or litter; and
  • Accessibility - taking a proportionate approach to considering the nature of the site in relation to its surroundings and users, taking account of:
    • Any 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 is/will be any other permanent street furniture or structures in place on the footway that already reduce access
    • The impact on any neighbouring premises
    • The recommended minimum footway widths and distances required for access by mobility and visually impaired residents as set out in Section 3.2 of, guidance on making transport accessible for passengers and pedestrians and
    • Other users of the space, for example if there are high levels of pedestrian or cycle movement

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

Determination

Once the information is submitted to the local authority, the authority has 28 days from the day after the application is made (excluding public holidays) to consult on and determine the application. This consists of 14 calendar days for public consultation, and then 14 calendar 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 the purposes specified in the application,
  • Grant the licence for some or all the area of highway specified in the application
  • Impose conditions or refuse the application.

If the local authority does not determine the application within the 14-day determination period, the application will be deemed to have been granted for two years subject to any local conditions published by the local authority before the application was submitted.

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 apply. The licence will also contain specific terms such as days and hours when tables and chairs are permitted, and the appearance and location of furniture corresponding to the application.

A copy of the council’s standard conditions, which will be provided with all Pavement Licences, are shown at appendix 2. Additional conditions may be attached if the council considers it appropriate to address the circumstances of any application.

Generally, the council 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 retains the right to specify the permitted hours of trading to less than those identified here, in appropriate circumstances.

Licence duration

If the council determines an application before the end of the determination period (which is 14 days, beginning with the first day after the public consultation period, excluding public holidays). the council can specify the duration of the licence.

The Licence will generallybe granted for one year, 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 the council does not determine an application before the end of the determination period, the licence is deemed to be granted for two years starting with the first day after the determination period. However, if, when implemented, a licence that has been deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.

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 within the legislation, however the council will allow for an appeal on a refused application. These cases will be referred to the Licensing Sub-Committee for final decision.