The Business and Planning Act 2020 has introduced a new, temporary, fast-track process for businesses to obtain a pavement licence for the placement of furniture such as tables and chairs on the highway (including footpaths and pavements) adjacent to their premises. This permission can only be used for the purpose of selling or consuming food and drink in connection with the activity of the main premises, and licences will expire no later than 30 September 2022. This will help businesses to maximise their ability to trade whilst adhering to social distancing guidelines.
Alternatively, you can apply to the Highway Authority, Oxfordshire County Council for a for a permit under Part 7A of the Highways Act 1980. For more information see this link.
Guidance and conditions
We have created an applicant guidance document. It is important that you read this document before you apply for a licence as it contains important information on eligibility, types of furniture permitted, the application process and what we will take into account when considering applications.
In accordance with section 5 of the Business and Planning Act 2020 the Council has published a list of standard conditions that will be attached to all pavement licences, both granted and ‘deemed granted’ (see below). The standard conditions can be found within the above guidance document. Failure to comply with the conditions could lead to revocation of the licence, so it is important that you read this document before you apply and understand the requirements that you will need to comply with as a licence holder.
We have also created a Frequently Asked Questions document for applicants.
For details on how we use data relating to licence holders and applicants, please see our privacy notice for licence holders and applicants.
How to make an application
Applications must be submitted electronically with the application fee of £100. To apply for a licence, you will need to complete this application form. Once completed the form and supporting documents should be submitted through our online application portal.
New and renewal applications are done in the same way, but if you are not changing the plan or furniture you will not need to re-submit the plan or photos of the furniture. See the notes on the application form for guidance on this.
Alternatively, you can email the completed application and supporting documents to email@example.com. We will then contact you by telephone to collect payment. Please note that the application is not complete (and therefore the consultation period does not start) until payment has been taken. We therefore strongly suggest you use the online application portal as applying by email is likely to delay the completion of your application. If you are emailing your application and documents, please send them all attached to a single email if at all possible, so that we can deal with your application as efficiently as possible.
On the same day that you make the application, you are required to give notice of your application by fixing a notice of the application to the premises so that it is visible to, and can be read easily by, members of the public who are not on the premises. You also have to make sure the notice remains in place until the end of the public consultation period which means the period of 7 days beginning with the day after you make the application. You must use this template notice for this process.
All applications are subject to a 7 day public consultation period commencing the day after the day the application is made, then the council has a further 7 days within which they should make a decision on the application. If the council fails to make a decision within this timeframe, the licence is ‘deemed granted’. There is no right of appeal if the application is rejected.
Panini Shop, Market Place, Wantage – consultation end date 30 November 2021
If you have concerns about any of the above applications, you can send your comments by email to firstname.lastname@example.org. You must include your name and address within your representation. You may wish to refer to the guidance and conditions above, in case these address your concerns.
We will take into account any representations received during the consultation period and consider these when determining the application. There is no right of appeal if you are not happy with the decision made, but if you do not believe due process has been followed when determining the application, you are entitled to submit a complaint in accordance with our complaints procedure.
If you are experiencing problems associated with a pavement licence, in the first instance we would advise you to talk to the manager of the premises to try to resolve the matter informally. If this fails to resolve the issue, please contact us and we will try to assist. Please note that issues relating to crime and disorder must be reported to the Police, and noise nuisance to Environmental Protection.