Pavement licensing policy

The council aims to work closely with licence holders and other enforcement authorities to enforce the provisions of all appropriate legislation. The case remains that an obstruction of the Highway is an offence under the Highways Act 1980 and will be dealt with by the Highways Authority or the Police.

Obtaining a consent/Licence does not confer the holder immunity regarding other legislation that may apply, e.g., Public Liability, Health and Safety at Work, Food Hygiene and Safety, Alcohol and Entertainment Licensing. Applicants must ensure all such other permissions, etc. are in place prior to applying.

If a condition imposed on a licence (either by the local authority or nationally) is breached, the local authority will be able to issue a notice requiring the breach to be remedied. If the licence-holder fails to do so, the local authority may amend the pavement licence with the consent of the licence-holder, revoke the licence or itself take steps to remedy the breach and can take action to recover the costs of so doing.

The authority may revoke a licence, or amend it with the consent of the licence holder, in the following circumstances:

1. If it considers that the highway is no longer suitable for the use as granted by or deemed to be granted by the licence. For example, the licenced area (or road adjacent) is no longer to be pedestrianised, or
2. If there is evidence that:
   • There are risks to public health or safety - for example where it comes to light that there are significant security risks which have not been sufficiently considered, or addressed in a proportionate fashion (this should be reassessed as necessary, particularly in the event of changes to the terrorism threat level)
   • This use of the highway is causing an unacceptable obstruction, breaching the noobstruction condition - for example, the arrangement of street furniture prevents those with mobility issues, wheelchair and/or pushchair users, to pass along the highway, or have normal access to premises alongside the highway; or
   • The use is causing, or risks causing, anti-social behaviour or public nuisance - for example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up.

The local authority may revoke a licence in the following circumstances:

1. For a breach of condition, (whether a remediation notice has been issued or not) or
2. It comes to light that the applicant provided false or misleading statements in their application - for example they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed; or
3. The applicant did not comply with the requirement to affix the notice to notify the public of the application, or secure that the notice remains in place until the end of the public consultation period.

The council will give reasons where these powers are used.