The Business and Planning Act 2020 received Royal Assent on 22nd July 2020 and came into effect immediately.
The legislation was originally passed to promote economic recovery and growth in response to the economic impacts of the global Covid-19 pandemic. The Act includes urgent provisions designed to make it easier for premises in England serving food and drink such as bars, restaurants and pubs to seat and serve customers outdoors through temporary changes to planning procedures and alcohol licensing.
The Act creates a temporary regime for the issuing of “pavement licences” by appropriate local authorities. The six district Councils in Worcestershire are each the appropriate local authority for issuing pavement licences in their administrative areas.
This new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. The aim of the legislation was to support businesses to operate safely while social distancing measures remained in place. The aim was to provide much needed income over the summer months in 2020 and to protect as many hospitality jobs as possible.
The temporary licensing regime was originally only planned to be in place until 30 September 2021 but has subsequently been extended on three separate occasions and is now going to be in place until 30 September 2024.
The Government has also committed to making the pavement licensing regime permanent and is taking this forward using the Levelling Up and Regeneration Bill that is currently before Parliament. The permanent regime will be based on the temporary regime but with some changes to the provisions around consultation on applications and enforcement.
The Secretary of State has issued guidance on the pavement licensing provisions in accordance with section 8(1) of the Act.
How to apply
Worcestershire Regulatory Services is administering the temporary pavement licensing regime on behalf of the six district Council's in Worcestershire which are Bromsgrove District Council, Malvern Hills District Council, Redditch Borough Council, Worcester City Council, Wychavon District Council and Wyre Forest District Council.
All of the district Councils in Worcestershire are now able to accept applications for pavement licences.
Each of the district Councils has adopted a similar policy statement on pavement licences. The policy statements contains details of the Councils' published standard conditions for pavement licences. The policy statements can be seen below:
To apply for a licence, you will need to complete the application form below:
Once completed the form must be emailed to firstname.lastname@example.org 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 of furniture that they wish to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area.
- 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,
- Photos or brochures showing the proposed type of furniture (including the means of enclosure such as barriers) and information on potential siting of it within the area applied.
- Evidence of consent from neighbouring frontage(s) to use footway space outside their property (if applicable).
You must also email proof that you have paid the required application fee of £100.
Instructions on how to make online payments to the Council in whose area you are applying for a pavement licence can be found below:
Please note that your application will not be considered complete until the application form, supporting documents and proof of payment have all been received. We urge you to send all documents 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 readily 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.
A template notice you can use for this purpose can be downloaded here:
Applications that are currently subject to public consultation
Name of Applicant:
Premises that it is proposed to place the furniture on the highway adjacent to:
51 High Street
Further details of the application:
To request further details in respect of the application, please email email@example.com quoting the application reference 24/00541/PAVLIC.
The public consultation period in respect of the application will end on 7 February 2024.
Representations can be made via email to firstname.lastname@example.org.
When making representations, please quote reference 24/00541/PAVLIC