On 25 June 2020 the Government published draft guidance detailing its intention to streamline the process and reduce the costs involved in obtaining a pavement licence for businesses such as cafes, restaurants and bars. The proposals are intended to support the hospitality sector by allowing them to operate safely while social distancing measures remain in place, and to increase much needed income over the summer months.
Pavement licences are granted under Part 7A of the Highways Act 1980 and the fee for obtaining a licence varies between local authorities. The new proposed process is intended to provide a cheaper, easier and quicker way for businesses to obtain a licence, by capping the fee at £100 and reducing the consultation period from 28 days to 5 days.
If the local authority does not determine the application before the end of the consultation period then the licence is deemed to have been granted for a year (but not beyond 30 September 2021), allowing businesses to place proposed furniture within the area set out in the application.
A business which uses (or intends to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. This will include pubs, cafes, bars, restaurants, snack bars, coffee shops and ice cream parlours.
The grant of the licence only permits the placing of furniture on the highway, and other regulatory frameworks still apply; such as the need for alcohol licences.
As it is currently unclear how long the social distancing measures will be in place for, this new process will remain in place until September 2021. Hopefully this will give businesses some much needed extra space to enable them to service more customers and retain additional jobs.
The above proposals are contained in the Business and Planning Bill 2019-21 (the "Bill"), which is currently speeding through Parliament for enactment. The Bill is intended to make provisions relating to the promotion of economic growth and recovery, and covers various other measures that are all designed to mitigate the economy against the effect of lockdown. Watch this space for confirmation of when it becomes law...
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