A temporary pavement licence allows a licence holder to place removable furniture outside their premises for certain purposes
A temporary pavement licence is a licence granted by the local authority, or deemed to have been granted, which allows the licence-holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.
Please complete and return the application form. You also need to provide:
All applications must be returned electronically to licensing@fenland.gov.uk.
Once we've received your application and all documents, we will send your application out for consultation. Consultees will include Cambridgeshire County Council Highways, the Police, the Fire Service, Town and Parish Councils and our Environmental Health team.
The consultation period is 7 days, starting the day after the application is received. This is followed by a further period of 7 days for determination.
If the local authority does not determine the application before the end of the determination period, the licence is deemed to have been granted for a year (but not beyond 30 September 2021). The business can place the proposed furniture such as tables and chairs within the area set out in the application for the purpose or purposes proposed.
On the day you submit your application, please complete the template notice and display it in the premises window adjacent to the area you would like to licence. The notice must be clear and visible and must stay in place for the consultation period of 7 days.
Applications made during 2020 will not incur a fee. Licenses granted will expire on 31st December 2020, unless revoked by the Council.
After this time you will receive a renewal application to re-apply for 2021.
A business that uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a license. Eligible businesses include:
A licence permits the business to:
Licences can only be granted in respect of highways listed in section 115A(1) Highways Act 1980. Generally, these are footpaths restricted to pedestrians or are roads and places to which vehicle access is restricted or prohibited.
Highways maintained by Network Rail or over the Crown land are exempt - this means a licence cannot be granted.
You can use the following furniture:
This furniture must be removable. Removable means it is not a permanent fixed structure. It should be able to be moved easily and stored away of an evening.
If you are granted a pavement licence, this only permits the placing of furniture on the highway. Other separate regulatory frameworks still apply e.g the need for alcohol licenses and the need to comply with registration requirements for food businesses.
Once a licence is granted the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid. Therefore there is no need to apply for planning permission.
Before granting a licence, we must consider the following areas:
Members of the public can make representations or comments regarding applications. To do this, email licensing@fenland.gov.uk
If your application is refused, you will be given the reasons why. These reasons will be based on the application not fitting with the criteria as per section 3 of the Act.
If we receive objection(s) to your application, it doesn't mean it will be automatically refused. We will review your application and any objections will look to grant the license where possible. However, this may mean:
A list of Standard & National conditions included in all licence granted can be found on our website.
Some applications may include some specific additional conditions. These will be discussed with the applicant prior to the granting of the licence.
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. The authority can take action to cover any costs.
The authority may revoke a licence if:
If you have any queries, please email licensing@fenland.gov.uk.