Pavement Licence - Guidance for applicants

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• Standard conditions
• National conditions
• Smoke free seating conditions

The pavement licence application consultation period

Pavement licence applications are consulted upon for 7 days, starting with the day on which a valid application was made to the Council (an application will not be considered to have been properly made unless each requirement has been met).  This must include 5 working days and therefore any bank holidays falling within this period will be taken into account.

The Council will publish details of the application on its website

The Council is required by law to consult with the Highways Authority. In addition, to ensure that there are no detrimental effects to the application the Council will consult with:

• Basildon Borough Council Environmental Health Service (including Environmental Control and Food and Safety Teams)
• Basildon Borough Council Estate Management
• Basildon Borough Council Planning
• Essex Fire & Rescue Service
• Essex Police
• Community Safety Team
• The appropriate local Ward Councillor(s)
• The appropriate Parish or Town Council

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

The Council must take into account representations received during the public consultation period and consider these when determining the application.

Cost

The cost for the temporary pavement licence is capped at £100.

Licence Duration

If the Council determines an application before the end of the determination period (which is 5 working days, beginning with the first day after the public consultation period, excluding public holidays) they may specify the duration of the licence, subject to a minimum duration of 3 months.

The expectation from the Government is that local authorities will grant licences for 12 months or more unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space. As such, the Council will normally grant applications until 30 September 2021.

If a licence is 'deemed' granted because the authority does not make a decision on an application before the end of the determination period, then the licence will be valid for a year.

A licence granted or deemed to be granted will not be valid beyond 30 September 2021.

Times of Operation

You will need to inform the Council of your actual or proposed opening days and times.

The Council generally 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 however retains the right to specify permitted hours of trading that are less than those specified above in appropriate circumstances.

Area Permitted

As a temporary measure most areas at the front of relevant premises may be considered with permission only refused where it may cause obstruction to pedestrians, particularly wheelchair and pushchair users. Account will also be taken of whether the highway is shared space used by cyclists. Above all, any further concern would be in connection with public health such as difficulty maintaining social distancing.

A plan (which must include dimensions) of the area outside your premises where you intend to place the tables and chairs will need to be submitted to the Council if you proceed with an application.

The Licence holder must remove any furniture if required to do so to permit works in or the use of the highway by the Council, the County Council, and the emergency services any statutory undertaker or telecommunications code operator or where the Licence holder has been notified of a special event taking place.

Type of furniture permitted

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 in principle means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.

The Council would also expect the type of furniture to be 'in keeping' with the local area, particularly in relation to any conservation area.

Insurance

Basildon Borough Council requires evidence that the licence holder has Public Liability Insurance for the operation of and throughout the duration of the pavement licence. This must indemnify Basildon Borough Council and Essex County Council against all actions, proceedings, claims, demands and liability which may at any time be taken made or incurred arising out of the grant of this permission and for this purpose must take out at the Licensee's expense a policy of public liability insurance to the sum of at least £5 million in respect of any one event..

Music

No amplified music is allowed in the area subject to the pavement licence.

Litter

All detritus (food and drink remnants, spillages, bottles, cans, wrappers etc.) must be regularly removed from the footway surface to reduce hazards to pedestrians. The licence holder must make arrangements to regularly check for and to remove litter and rubbish on pedestrian walkways, caused by persons using the Facility, for a distance of up to 10 metres from the boundary of the Facility. The licence holder must ensure that any tables are cleared in an efficient manner during the hours of operation. The licence holder must ensure the licensed area and surrounding highway is to be washed down at the completion of each day's usage using a method sufficient to remove food debris, grease and other spillages that may occur.  Commercial waste from the licence holder's operations must not be disposed of in the litterbins situated on the highway for use by the general public provided by the Council.  The Licensee shall comply with all requirements of any public health legislation for the time being in force.

Glass

Where the consumption of alcohol is to take place only plastic or toughened glasses and bottles are to be permitted within the facility.  The Licensee shall not permit or suffer the removal of any glassware used for the supply of refreshment provided by the public from the permitted area.  Glasses supplied for the consumption of drinks on the permitted area shall be made of toughened glass or plastic only.

Planning permission

Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid, but not for otherwise.

Licence enforcement

The Council aims to work closely with 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 is a matter which is dealt with by the Highways Authority or the Police.

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

If a condition imposed on a licence either by the Council or via a National Condition is breached the Council will be able to issue a notice requiring the breach to be remedied and the authority can take action to cover any costs associated with that action.

Revoking of a pavement licence

The authority may revoke a licence in the following circumstances:

1. For breach of condition, (whether or not a remediation notice has been issued) or
2. Where:
   •    there are risks to public health or safety - for example by encouraging users to breach government guidance on social distancing by placing tables and chairs too close together;
   
   •    the highway is being obstructed (other than by anything permitted by the licence);
   
   •    there is anti-social behaviour or public nuisance - for example, the use is increasing the amount of noise generated late at night and/or litter is not being cleaned up;
   
   •    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 but had only applied for tables and chairs on which drinks could be consumed;
   
   •    the applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.

3.    The Council may also revoke the licence where all or any part of the area of the relevant highway to which the licence relates has become unsuitable for any purpose for which the licence was granted or deemed to be granted. For example, the licensed area (or road adjacent) is no longer to be pedestrianised. The Council will give reasons where these powers are used.