Pavement licences

On 22nd July, the Business and Planning Act 2020 ("the Act") received Royal Assent and took immediate effect.

The Act contains provisions that allow applications for Pavement Licences to be granted by the District Council to allow the licence-holder to place removable furniture and other related items over certain highways adjacent to their premises.

This new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will support them to re-open and operate safely while social distancing measures remain in place.

The Act also makes provisions for premises that are currently only licensed for the sale of alcohol for consumption on the premises, to be permitted to sell alcohol for consumption off the premises as well.

Relaxation for sale of alcohol for consumption off the licensed premises (off-sales)

The Act provides that premises currently licensed for the sale of alcohol only for consumption on the premises will also be permitted to sell alcohol for consumption off the premises until the terminal hour for on-sales, but with a cut-off point of 11pm.

This is an automatic permission, relaxing the need to apply for a variation of the Premises Licence granted under the provisions of the Licensing Act 2003.  Any conditions that are currently attached to the Premises Licence which may affect off sales, such as ‘off sales only being permitted in sealed containers’ will be suspended until 30th September 2021.

The relaxation is temporary until the 30th September 2021, and is subject to certain restrictions:

  • This relaxation does not apply to premises that are authorised to supply alcohol under the authorisation of Club Premises Certificate (eg registered member clubs) – only to those with the benefit of a Premises Licence.
  • Where a premises licence to sell alcohol has been granted, varied or reviewed in the last three years and off-sales were refused or restrictions added to the licence to prevent off-sales, an application for a pavement licence will not be accepted.
  • If the Licensing Authority or Police Authority have concerns about off-sales from a premises then they may instigate an ‘off-sales review’ of the premises licence which may result in the permission for off-sales being removed from thepremises licence.

Further information and Government Guidance about this temporary relaxation can be viewed on the Gov.UK website - Business and Planning Act 2020 - Off Sales Guidance.

Pavement licences

Pavement Licences allow the licence-holder to place removable furniture and other related furniture over certain highways adjacent to their premises. A licence is not needed to place tables and chairs etc in an outdoor area if it forms part of the premises e.g. pub/cafe car parks, garden areas etc.

Only premises which are used for either of the following may apply for a pavement licence:

  • public house, wine bar or other drinking establishment; or
  • for the sale of food or drink for consumption on or off the premises

The Act imposes two national conditions which will be automatically be attached to all licences granted or deemed to be granted. These relate to smoke-free areas, and no obstruction of the Highway.

Smoke-Free Area: The Licence-holder must make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area.

No Obstruction:  Where a pavement licence is granted, the Licence-holder must ensure that clear access routes on the highway are maintained, taking into account the needs of all users, including disabled people.

All holders of pavement licences granted by the Council must also comply with the locally set of Standard Licence Conditions [PDF343 KB].  If the proprietor does not comply with them, the District Council may instigate action to have the furniture etc removed and/or revoke the pavement licence.

Before applying for a pavement licence and to avoid any misunderstanding or misinterpretation of the requirements, all applicants are advised to read the Government Guidance on the Gov.UK website.

Use of Council-owned Land - Sitting-Out Licences

Any application received by the District Council, asking for permission to use Council-owned land for the purpose of providing food and drink at tables and chairs outside the premises (outdoor cafe, bar, restaurant/bistro), will be considered in the same way as applications for a Pavement Licence, to ensure consistency and equality.

A Pavement Licence cannot be granted for areas of land that are not classed as highway.  The District Council will consider applications to use land it owns, and if approved, will grant a Sitting-Out Licence with conditions, some of which will be similar to those attached to a Pavement Licence.

Public Liability Insurance for the use of Council-owned land will be required at £10million.

Applicants for a Sitting-Out Licence are encouraged to ensure that, before applying, they would be able to obtain the insurance cover required, comply with the Standard and National Conditions attached to Pavement Licences, and be able to address any issues raised during the consultation period.

To be clear, the Sitting-Out Licence offered for areas of land owned by the District Council is not governed by the Business and Planning Act 2020, and can be terminated at any time.

How to apply

The Council is currently developing its on-line facility for this application type, which should be ready by the end of September 2020.  In the meantime, to avoid any delay in applications being submitted, the application form below can be downloaded, fully completed and emailed to licensing@derbyshiredales.gov.uk with the following supporting documents:

  • A copy of public liability insurance documents showing how you are covered for this activity on the pavement.

  • Evidence of the right to occupy the premises e.g. the lease.

  • A detailed image or copy of the public notice you have completed for advertising the application.  A  Notice template [WORD 67 KB] for this purpose can be downloaded from the The Application section of this webpage below.  A general template can be downloaded from the Gov.UK website: https://www.gov.uk/government/publications/pavement-licences-draft-guidance

  • An image showing that the applicant has displayed the public notice  on the pavement in a visible, and obvious location.
  • A plan or set of plans fully showing the dimensions of the pavement and furniture intended to be placed on the pavement.
  • Images or brochure images of furniture and any barriers you intend to place on the pavement. It is a standard condition that barriers will be used to ensure the area licensed can be clearly identified. (standard licence condition 7).
  • A document showing that any gas appliances (if intending to be used) are safe (either a new conformance certificate, or a periodic gas safety inspection certificate).
  • Details of the fire retardant qualities of any fabrics you intend to place on the pavement (soft furnishings and coverings, awning/canopy/umbrella materials)
It would also be advisable to include any measures for ensuring social distancing etc in the COVID Risk Assesssment you have already produced for your premises.

Anything placed on the highway must be removed overnight and when the business is not operating so any furniture to be used must be of a design that is capable of being taken away at the end of the day.

Only one application can be made for each premises within the determination period.

The Application

The Applicant is required to advertise the application at the premises to allow public consultation.  The Council is required to advertise all applications received on its website. The advertisement period is 7 days, starting with the day after the application has been received by the Council.

Please download and email the completed application as we cannot accept copies by post - the timescale for comments cannot start until the day after the application has been received and the notice at the premises must state the correct end date for comments.

Download application form  application form - WORD version 

Download application form PDF version [PDF 461 KB]

Download Public Notice Template (ANNEX B) DDDC Notice template [WORD 67 KB]

Download copy of the Licence Conditions (ANNEX A) Standard Licence Conditions [PDF 312 KB]

Application Fee

Fees are to be set locally for this licence application, and have been capped by the Government at a maximum of £100.

However, Derbyshire Dales District Council has resolved to waive any fee for pavement licence applications during the declared temporary period up until the end of September 2021; to help local businesses recover and trade in alternative ways where possible, following the lock-down period of the coronavirus pandemic.

The charging regime will be revisited by the Council, if the pavement licensing regime is extended beyond 30 September 2021.

How will an application be determined?

The application will be checked by the Council’s Licensing Team and the following authorities/agencies will be consulted on the application as standard:

  • Highways Authority at Derbyshire County Council
  • Licensing Team at Derbyshire Police (North Division)
  • Derbyshire Dales District Council's Environmental Health Team

(NB: in some cases it may be necessary to consult with other agencies/authorities)

The period for consultation by the Council, is 7 days, starting with the day after the application has been received by the Council.

Sharing of Information

Applicants need to be aware that the full details of their application and supporting documents submitted will be shared with the above agencies/authorities to enable full consultation, to ensure effective administration of the new licensing regime.

The applicant’s personal details (with the exception of applicant's name) will be redacted from the copy of the application documents that the Council publishes on its website for public consultation. 

Details of pavement licence applications received, pending and determined will be provided at the bottom of this webpage for information.

Grant/Refusal of Licence

If a local authority determines an application before the end of the determination period (which is 7 days, beginning with the first day after the end of the consultation period) the authority can specify the duration of the licence, subject to a minimum duration of 3 months. The expectation 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.

If you do not hear from the Council after 14 days starting with the day after you submitted an application, then your licence will be deemed granted.  A licence granted or deemed to be granted will not be valid beyond 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 14-day determination period, then the licence will be valid for a year. 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.

You will be notified within the timescale if your licence application has received objections or has been refused; or whether a  licence could be granted if the application is modified.

Appeals against decision

There is no statutory appeal process for these decisions. 

Enforcement of conditions

If a licence is granted the licence-holder will be required to ensure that any activity carried out on the pavement is safe, protects public safety and that the operation of the business and its customers do not cause a nuisance to neighbouring residents. 

Enforcement action under other legislative powers is still possible even if a valid pavement licence is in place; for example noise pollution and anti-social behaviour. 

Anything placed on the highway must be removed overnight and when the business is not operating.

Applications for Pavement Licences received:

Click on link in location column in table below to see application details

Date
Received 
Applicant's Name Location of Proposed Area to be Used End Date for Comments
 21/8/2020











 Marston's Brewery











Pavement Licence Application - The Eyre Arms, Calver[PDF 109 KB]

Area of Land [PDF 251 KB] to the front of the premises in front of the boundary wall.








Friday 28th August 2020


LICENCE GRANTED 

to expire 30/9/2021
13/8/20





Andrew Morris - Devonshire Hotels



Pavement Licence Application - The Devonshire Arms, Beeley. [PDF 1.95 MB]
Area outside front of premises infront of boundary/terrace wall.


Thurs 20th August
2020.

APPLICATION WITHDRAWN

12/8/20










Susan Micallef









Pavement Licence Application - The Flower Cafe [PDF 1.6 MB]
5 Market Place, Ashbourne, DE6 1EU
Area of Market Place to side of premises.




This area of land is not Highway - therefore does not qualify for a Pavement Licence under the provisions of the Business and Planning Act 2020.





Wed 19th August 2020.

Permission to use DDDC-owned land.

Sitting-Out Licence GRANTED to expire 30/9/2021.




5/8/20



Mark Grist



Pavement Licence Application - Smith's Tavern [PDF 2.09 MB]  36 St John Street, Ashbourne, DE6 1GH
Area of pavement outside the front of the public house.

Wed 12th August 2020. 

APPLICATION REFUSED.
5/8/20





Walter Scott





Pavement Licence Application [PDF 3.2 MB] - The Queen's Vaults.
On pavement area outside the Queen's Vaults, 6 Market Place, Ashbourne, DE6 1ES and area
further along the pavement.


Wed 12th August 2020.

LICENCE GRANTED
to expire 30/9/2021

31/7/2020


















Joanne Fitchew


















Pavement Licence Application - The Feather Star [PDF 5MB]

Area of land behind the Feather Star at 15 St John Street Wirksworth, DE4 4DR, the community square area infront of the Church.

This area of land is not Highway - therefore does not qualify for a Pavement Licence under the provisions of the Business and Planning Act 2020.












Fri 7th August 2020.

Permission to use DDDC-owned land

Sitting-Out Licence GRANTED
to expire 11/11/2020