Amenities on the Highway
Last updated: 21 May 2013 14:47 UKMain contact: Hazel Maidment
Telephone No: 023 9283 4572
E-mail: licensing@portsmouthcc.gov.uk
If you want to place “amenities” outside your premises on the public highway (such as table and chairs, display stands etc) then you must first obtain a permit to do this from Portsmouth City Council. It is an offence for structures to be placed on the highway without prior approval.
Eligibility criteria
An application may be refused or a licence suspended or revoked on a number of grounds. These include:
- Loss of amenity caused by traffic, noise, rubbish, potential for the harbourage of vermin, odour or fumes
- Obstruction of either pedestrian or vehicular access
- Interference with sight lines for any road users such as at road junctions, or pedestrian crossing facilities
- The applicant/licensee has failed, without reasonable excuse, to obtain a previous licence, or as the case may be, a current licence
- There is not enough space without casing undue interference or inconvenience to persons using the street
- The applicant/licensee’s premises have been the focus for incidents involving public disorder or nuisance.
You will find links to our Policy, Guidance, Standard Conditions, application form etc below.
Regulation summary
The Highways Act 1980, Part VIIA, Sections 115A-K (as incorporated by the Local Government (Miscellaneous Provisions) Act 1982, allows Councils to give consideration to the provisions and licensing of amenities on the highway.
Application evaluation process
You will need to complete an application form.
a) You must complete fully the application form and submit the relevant fee payable. In addition, a sketch must accompany the form which shows the extent of the amenities/structure to be placed on the highway and:-
· Indicates the position in relation to your own premises; and
· The position in relation to any other premises.
b) Supply a copy of your Third Party Public Liability Insurance in the sum of £5 million.
c) A public notice advertising your application will be issued to you for display in the front window of your premises, in a prominent position for 28 days.
Will tacit consent apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period which is a maximum of 56 days.
If you have not heard from the local authority within a reasonable period, please contact it. You can do this online here if you applied through the UK Welcomes service or use the contact details below.
Tel: 023 9283 4572 email: licensing@portsmouthcc.gov.uk
You may apply by:
downloading the attached form and sending together with any required supporting documents to the postal address below; or submitting an on-line application.
Apply/renew for a permit to place amenities on the highway (tables and chairs)
Apply/renew for a permit to place amenities on the highway (goods)
Application to change details of a current permit (tables and chairs)
Application to change details of a current permit (goods)
Please contact the Local Authority:
Tel: 023 9283 4572
email: licensing@portsmouthcc.gov.uk
or post to:
Portsmouth City Council
Licensing Office
Civic Offices
Guildhall Square
Portsmouth
Hants
PO1 2AL
Failed application redress
Please contact the Local Authority in the first instance.
Tel: 023 9283 4572 email: licensing@portsmouthcc.gov.uk
The Highways Act 1980 does not allow any legal appeals against a decision by PCC to refuse to grant a licence. A person aggrieved by a decision may seek a Judicial Review.
Licence holder redress
Please contact the Local Authority.
Tel: 023 9283 4572 email: licensing@portsmouthcc.gov.uk
The Highways Act 1980 does not allow any legal appeals against a decision by PCC to refuse to grant a licence. A person aggrieved by a decision may seek a Judicial Review.
Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery).
If that has not worked, if you are located in the UK, Consumer Direct (external link) will give you advice. From outside the UK contact the UK European Consumer Centre (external link).
Please contact the Local Authority:
Tel: 023 9283 4572 email: licensing@portsmouthcc.gov.uk
The Highways Act 1980 does not allow any legal appeals against a decision by PCC to refuse to grant a licence. A person aggrieved by a decision may seek a Judicial Review.
