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The Levelling-up and Regeneration Act 2023 came into effect on 31st March 2024, meaning that the pavement licence scheme is now permanent according to law.
A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.
A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.
Businesses that do not use their premises for the sale of food or drink, for example salons, are ineligible. Though they can apply to Warwickshire County Council for permission to place furniture on the pavement under the Highways Act 1980.
You will need a pavement licence if you:
“Relevant use" means:
If you have any queries about pavement licences please email: licensing@stratford-dc.gov.uk
The fee to apply is £100 which is payable at the end of the online application form. *Please note that non-payment will mean that your application will not be forwarded to licensing for consideration.
We recommend that you talk to neighbouring businesses before applying. This will help you to take noise and nuisance concerns into account in your application.
A pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks, such as alcohol licensing and registration requirements for food businesses still apply. If your application is successful, it will be granted for a maximum period of 2 years. It will be subject to conditions set out in the Business and Planning Act 2020 published by the Secretary of State and local conditions set by Stratford on Avon District Council.
There are two national conditions which apply to all pavement licences, a ‘No-Obstruction' condition and a ‘Smoke-Free seating' condition.
The No-Obstruction condition seeks to ensure that furniture placed on the highway under the authority of a pavement licences does not:
• prevent traffic, other than vehicular traffic, from entering the relevant highway at a place where such traffic could otherwise enter it, passing along the relevant highway, having normal access to premises adjoining the relevant highway
• prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order
• prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the highway
• prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway
When we are considering an application for a pavement licence we will have regard to the needs of disabled people and the recommended distances required for access by disabled people as set out in guidance issued by the Department for Transport (Inclusive Mobility)
The Smoke-Free seating condition seeks to ensure that where furniture placed on a highway under a pavement licence consists of seating for use by persons for the purpose of consuming food and drink, the licence holder must make reasonable provision for seating where smoking is not permitted. When we are considering an application for a pavement licence and whether a licence holder has made reasonable provision for seating where smoking is not permitted, we will have regard to Section 4.2 of the guidance issued by the Secretary of State.
Please be prepared to have the following documents electronically before applying online.
• A copy of your public liability insurance certificate (Minimum of £5 million cover)
• A plan or sketch of the proposed area (Including dimensions of the area and showing the position of furniture and other items, within the proposed space)
• A sample or colour photograph of the furniture (Please note: dimensions will be required for all proposed items of furniture)
The following guidance has been produced to enable you to produce an acceptable plan for submission with your online application.
If you intend to use a parking or loading bay you must demonstrate how you intend to set out any signage, safety barriers and lighting as part of your application. The following guidance 'Safety at Street Works and Road Closures' provides information on how you should do this. Permission to suspend a parking or loading bay must be obtained from the Traffic and Road Safety Team at Warwickshire County Council prior to applying to Stratford on Avon District Council. This additional approval will incur a fee determined and charged separately by Warwickshire County Council. For further advice on suspending a parking bay please email civilenforcement@warwickshire.gov.uk providing details of the intended location and number of bays.
Further guidance on what furniture is and is not acceptable can be found at : Link - https://www.gov.uk/government/publications/pavement-licences-guidance/pavement-licences-guidance
You will receive an email confirmation once you have submitted your application. This will contain an application reference and a payment reference for your records.
The application will be subject to a public consultation period of 14 working days. This begins the day after you submitted your application and does not include public holidays. If you are notified that your application is invalid or omitting information the consultation period will start from the day after your application is deemed valid.
The local authority must consult Warwickshire County Council Highways Department.
We may also consult with other agencies that we feel are appropriate, as listed below:
• Warwickshire Police
• Planning
• Environmental Health
• Parish and Town Councils
• Warwickshire Fire and Rescue
As part of the consultation process you are required to fix a notice to your premises. on the same day that you submit your application. This must be in a place where it is easily visible and legible to the public. This needs to stay in place for 14 working days, beginning with the day after the day the application is submitted to the authority. When counting 'days' public holidays are not included.
The Council has 28 days from the day after the application is made to consult on and determine the application. You will be notified of the determination of your application by email.
Please note that submission of an application does not mean permission has been granted and no furniture or equipment may be put on the highway until a pavement licence has been granted.
If you wish to comment on an application please email licensing@stratford-dc.gov.uk
If a condition imposed on a licence (either by the local authority or nationally) is breached, the local authority will be able to issue a notice requiring the breach to be remedied. If the licence-holder fails to do so, the local authority may amend the licence, with the consent of the licence-holder, revoke the licence or take steps to remedy the breach and can take action to recover any costs of so doing.
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