Test Valley Borough Council – Pavement Licence – Business and Planning Act 2020
The Act introduced a new, temporary, fast-track process for businesses to obtain permission, in the form of a “pavement licence” for the placement of furniture such as tables and chairs on the pavement outside their premises which will enable them to maximise their capacity whilst adhering to social distancing guidelines.
Prior to this, tables and chairs permissions were granted as Tables and Chairs Licences by Test Valley Borough Council under Part 7A of the Highways Act 1980. The fee is £199 for a three year licence and there is a time consuming 28 day consultation period. The new temporary measure introduces a new 14-day determination period, ensuring that businesses can obtain licences in a timely and cost effective manner aiding their financial recovery. The temporary permissions will currently last until 30 September 2024 although the government have indicated they are looking to make the measures permanent. There are enforcement powers contained in the Act to enable the Council to attach conditions, and revoke licences for breaches of conditions, or if the highway is no longer suitable for this use. Guidance on Pavement Licences is contained in the document which can be downloaded from this page.
Applications for a Pavement Licence can only be submitted electronically.
An applicant for a pavement licence must on the day the application is made, fix a notice of the application to the premises so that the notice is readily visible to, and can be read easily by, members of the public who are not on the premises. The notice must be constructed and secured so that it remains in place until the end of the public consultation period. Evidence of compliance with the site notice requirement must be supplied to the Council.
A Site Notice template can be downloaded here.