.

Pavement licences

What a pavement licence is, how can I apply for a pavement licence, and who regulates pavement licences.

What is a pavement consent?

Pavement consents are aimed at offering the public the chance to eat and/or drink outside facilities. 

A pavement consent allows control of these areas of the highway to ensure the use of tables and chairs outside does not have any detrimental effect on the area and that the rights of all users are protected. For example, to ensure pushchair and wheelchair access remains clear at all times. 

The pavement consent can be a means of adding vitality and life to areas, helping to maximise the use of our public spaces and offer a range of facilities for people who live, work and visit the East Riding of Yorkshire.

Pavement consents are aimed at providing discrete outdoor areas for cafe style food led cafes or licensed premises. Where customers are offered the chance to purchase both and drink and any alcohol sales are incidental to the food service. 

The grant of any consent to use the councils land for this purpose is considered on its own merits and discretionary.

Can I apply for a pavement consent? 

Pavement consents will not normally be considered if: 

  • the premise does not offer food/ drink or is primarily alcohol led
  • the premise already has an outdoor area for this use
  • the premise is a late night takeaway
  • the placing of tables and chairs would create width restrictions/obstruction
  • the pedestrian footfall is heavy
  • emergency access is required at all times 
  • it would result in public health or nuisance issues
  • the area cannot be supervised appropriately/waiter/waitress service cannot be provided. 
  • if the proximity to residential properties would create concerns
  • or the premises is in a 'hot spot' area in the night time economy.

All application will be considered on their merit, however, the grant of any consent is discretionary. 

Full details of all requirements can be found in the current pavement licence policy, available to view using the link below: 

Pavement licence policy (word 178kb, opens in new window)

How do I apply for a pavement consent?

You can apply for a pavement consent at any time if you meet all the application criteria, however, a pavement consent will normally be issued from the 1st May each year.

Stage One 

Before applying for a pavement consent the owner of the premises should submit a business plan to the Licensing Team using the details below:

Email:  licensing@eastriding.gov.uk.

Your business plan should set out how you plan to manage the area in accordance with the following licensing objectives 

  • Public Order
  • Public health and nuisance 
  • Public Safety
  • Crime and disorder
  • Needs of the area

Details of the proposed area/ number of tables and chairs/barriers should also be provided with the initial business plan.

Stage two

To apply for a new pavement consent you will need to submit the following 

  • A completed application form
Apply online for a pavement consent
  • The appropriate fee 
               £70 for a 6-8 month consent (non-alcohol licensed premise) 

               £250 for a 6-8 month consent (alcohol licensed premise)
               £700 for a 3 year consent for alcohol licensed premise (food led premises)
               £200 for a 3 year consent for non-alcohol licensed premise. 

  • Site plan (full details of plan requirements can be seen in the pavement consent policy)
  • Photographs/images of proposed furniture and barriers/parasols
  • Certificate of public liability insurance minimum of 5 million cover, that must indemnify the council when the pavement consent is in place) 
  • Copy of any planning permission/ details of Licensing Act 2003 premises licence.

 

Please note: all initial grant of pavement consents will only be issued for a 12 month period as a provisional consent and renewed during the 12 month period.

 

Once your application has been received, an officer will assess your application and a site visit will be made to ensure the area is suitable for the locality and meets the policy requirements and vision of the council around cafe culture.

 

Once your application has been accepted, you will need to advertise your application for a pavement consent on your premises for 28 consecutive days, using the notice placed in a clearly visible location on the premise. This notice must remain in place throughout the consultation period:

 

Pavement consent public notice (word, 14kb opens in new window) 

 

You will need to send photographs of your public notice on display to the licensing team using the contact details below:

 

Email:  licensing@eastriding.gov.uk

 

You are also advised to inform any immediate neighbours or other businesses of your application.

 

Tacit consent

 

Tacit consent does not apply to pavement licence applications as a decision needs to made after consideration of any representations.

 

Who else may I need to talk to?

Before you apply for a Pavement consent you may wish to discuss your plans with  Planning as planning permission may be required for the area.

Can I renew my pavement consent?

Yes. You can renew your consent using the form below:

Pavement consent grant application form (word 41kb, opens in new window)

If nothing has changed in relation to your application please use the online form to renew your licence. 

Apply online for a pavement consent

If you are unable to use the online application facility to renew, please email us for advice using the contact details below:

Email:  licensing@eastriding.gov.uk

What if I want to change my pavement consent?

Any change to your pavement consent will require authorisation before the change is implemented, it may be that a new application would be required. 

We would advise that it would be best to request changes in advance of your renewal.

If you need to make an alteration during the existing consent, please submit your request to the licensing team:

Email: licensing@eastriding.gov.uk

The authority will then liaise with Highways Team to ensure all parties are happy with any suggested alterations. The licensing service has the right to refuse any amendment if deemed inappropriate for the area. The decision of the council is final on any proposed changes.

Transfers

A pavement consent cannot be transferred from one owner to another, a new application must be made.

What if I want to provide alcohol in my pavement consent area?

If you already hold a premises licence for the sale or supply of alcohol, you may be in a no drinking area.

Please seek advice from the licensing team by email: licensing@eastriding.gov.uk

Alcohol licensed premises must be predominately food led for a consent to be granted.

Which premises have a pavement consent?

If you would like to know what premises have been issued a pavement consent, this can be viewed by visiting our public registers.

How can I object to a pavement consent application?

If you have concerns over an application for a pavement consent, you must put your concerns in writing within the 28 days representation period to the licensing team setting out the reasons for your concerns:

Email: licensing@eastriding.gov.uk 

or post to:

Licensing Team
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
HU17 9BA.

Right of appeal 

If your application is refused  by officers you have the right of appeal to the Director of Environment and Neighbourhood Services, the decision of the Director is final on this matter.

Who enforces pavement consents?

Pavement consents are regulated by the Licensing team, Highways and Streetscene officers.

All pavement consents are issued with restrictions on how many tables and chairs can be placed on the highway and at what time they must be removed from the highway, which is a condition of the granted consent.

Once a consent is issued, if the premises does not operate in accordance with the granted consent, a maximum of 3 warnings will be issued before the consent may be withdrawn. Each breach will be considered on a case-by-case basis.

Last Updated: Monday, 21 May 2018