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Pavement licence

A pavement licence is a new, temporary licence that allows businesses to use removable furniture outside your business premises for the sale and consumption of food or drink.

This new licence was introduced under the Business and Planning Act 2020 on 23 July 2020 to support businesses to operate safely while social distancing measures remain in place and make it simpler and quicker to apply for a licence.

The pavement licence will only be available until 30 September 2024 and does not replace the existing tables and chairs licence

For more information, check the pavement licence guidance on GOV.UK

You can also find full details in our temporary pavement licence procedure (pdf)

Eligibility

If you run a public house, café, bar, restaurant, snack bar, coffee shop, or ice cream parlour, your business is eligible for a pavement licence.

A pavement licence is a temporary measure to allow your business to place removable furniture on the pavement outside your business premises to:

  • sell or serve food or drink
  • be used by people for the consumption of food or drink

Furniture

All furniture used must be removable and not a permanent fixed structure. It must also be stored away at the end of every evening no later than 9pm.

This furniture can include:

  • counters or stalls for selling or serving food or drink
  • tables, counters or shelves on which food or drink can be placed
  • chairs, benches or other forms of seating
  • umbrellas, barriers and other articles used in connection with the outdoor consumption of food or drink

Location

Generally, we can only grant licences for footpaths or roads with restricted vehicle access. You cannot get a licence for land owned by Network Rail or the Crown.

Fee

The total cost of this service is £100. The fee is non-refundable. The fee is also fixed, regardless of the amount of time between when you applied for the licence and its expiry date.

You will need to call 01279 446655 between 9am and 4.45pm to pay the fee by credit or debit card. You'll need to provide the payment reference 19421 2772 and get confirmation of your payment.

Conditions

Please read through the pavement licence conditions (pdf)

You will need to adhere to these conditions once you have been granted a licence.

Apply

To apply for a licence, you will need to complete the pavement licence application form (pdf)

Once completed the form must be emailed to licensing@harlow.gov.uk along with the following supporting documents:

  • a plan showing the location of the premises shown by a red line, so the application site can be clearly identified
  • a plan clearly showing the proposed area covered by the 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 want to place on the highway and include clear measurements of pathway width and length, building width and any other fixed item in the proposed area)
  • the duration of the licence (for 3 months, 6 months, or a year)
  • evidence of the right to occupy the premises (such as the lease)
  • photos or brochures showing the type of furniture and its location
  • photo of the site notice to demonstrate it has been properly displayed
  • 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
  • any other evidence needed to demonstrate how the council’s local conditions and any national conditions will be satisfied

You will also need to provide proof that you have paid the £100 application fee. 

Consultation

Once you've made your application, we will send you a consultation notice. You will need to print out and display the consultation notice in a prominent position.

On the same day, you need to email Licensing@harlow.gov.uk with a photo that clearly shows the notice’s position on the premises.

This notice has to stay in place for 7 days. The 7 days start from when we receive the email with the photo of the displayed notice.

We will also publish details of your application on our public notices page

The consultation process is legally required and either members of the public or stakeholders can object to the proposals. We will take into account representations we receive during the public consultation period and consider these when determining your application.

Once we have confirmed your site notice is displayed on the premises, we have 14 days from the day after the application is made to consult on and determine the application. This consists of 7 days for public consultation, and then 7 days to consider and determine the application after the consultation.

If we do not give you a decision within the 14 day period, the licence is considered granted.

Permission

Generally, applications will be granted unless we determine that there are sufficient reasons to reject the licence.

An application can be rejected, or a licence revoked, because:

  • representations are made which cannot be mitigated by conditions
  • there is a risk to public health and safety
  • the highway is being obstructed
  • false or misleading statements were provided during the application
  • there is anti-social behaviour or public nuisance
  • the application did not comply with the requirements to affix a consultation notice

There is no right of appeal if your application is rejected.

If we grant permission, the pavement licence lasts for a maximum of one year, and will only be available until the 30 September 2024.