We are currently experiencing intermittent issues with public access, we apologise for any inconvenience this may cause.Apply for a Pavement Licence under the Business and Planning Act 2020.
Owners and managers of premises serving food and drink (such as bars, restaurants and cafes), where there is sufficient highway land immediately outside the premises, can apply for a temporary pavement licence to place removable furniture (including tables and chairs) on that highway.
This web page sets out how to apply for a pavement licence. There is guidance that you are encouraged to read before applying. You can also contact the Council’s Licensing Team if you need to ask any questions. They can be contacted using this email address - licensingsection@tendringdc.gov.uk
Application for the Grant of a Pavement Licence
Before applying, you will have needed to place a site notice. A template site notice is available in the application pack which can be downloaded from this webpage.
Applications for a Pavement Licence must be accompanied by the following:
- A completed application form.
- Application fee of £100.00.
- A plan showing the location of the premises defined by a red line, so the application site can be clearly identified;
- A plan clearly showing the proposed area covered by the pavement licence in relation to the highway, if not to scale, with measurements clearly shown. The plan must show the positions and number of the proposed tables and chairs, together with any other items that you wish to place on the highway. The plan shall include clear measurements of, for example, pathway width / length, building width and any other fixed items in the proposed area.
- The proposed days of the week on which, and the times of day between which, it is proposed to put the furniture on the highway.
- The proposed duration of the licence (for e.g. 3 months, 6 months, or a year);
- Evidence of the right to occupy the premises (e.g. the lease);
- Photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied.
- Evidence that the applicant has met the requirement with regards to the site notice has met (for example, photographs of the notice outside the premises and of the notice itself).
- A copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £5 million, and
- Any other evidence needed to demonstrate how the Council’s local conditions, and any national conditions will be satisfied.
National and Council local conditions
Application form
For the application of Pavement Licences under the Business and Planning Act 2020, please apply online here.
Site Notice
On the same day that you make an application for a pavement licence you must:
- Fix a notice of the application to the premises so that the notice is readily visible to, and can be read easy by, members of the public who are not on the premises, and
- Ensure that the notice remains in place until the end of the consultation period.
- The site notice must state that the application has been made.
- Indicate that representations relating to the application may be made to the Local Authority during the public consultation period (and indicate when that period comes to an end)
The Site Notice Template to be displayed outside the premises during consultation. Pavement Notice.
Guidance for Businesses
Further advice and guidance for businesses on pavement licences under the Business and Planning Act 2020 can be found here.
Public Consultation
Public consultation on the application starts on the day after the application has been made and lasts for 7 consecutive days, representation received after this day will be considered invalid.
Applications will be checked to ensure that all the relevant information has been provided. If an application is incomplete, we will make contact with the applicant requesting the missing information. The 7-day consultation will then start the day after the missing information is provided.
A representation can be made against an application for a premises to place tables and chairs on the highway within the 7-day consultation period.
Representation are made by:
- Responsible Authorities
- Other persons
Email your objection to licensingsection@tendringdc.gov.uk
Please note: The objection must be received by the Licensing Team before the end of the consultation period, or it will not be accepted.
Determination of applications.
At the end of the public consultation period we will have 7 days to determine the application, starting the first day after the public consultation ends.
At this stage we may:
- Grant a pavement licence to the applicant, together with conditions or
- Reject the application.
These are temporary arrangements, which may come to an end at the end of September 2023. Licences may be granted for a minimum of three months. Alternatively, they may be granted for any period up until the end of September 2023 when they will automatically expire.