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Amenities on the highway permits
If you want to place ‘amenities’ such as a table and chairs, or a display stand outside your premises on the public highway, you must first obtain a permit from the council.
It is an offence for structures to be placed on the highway without prior approval
- Links to our application forms, policy and guidance documents are available below
- Please direct amenities enquiries to licensing@portsmouthcc.gov.uk or phone 023 9283 4572
Eligibility criteria
An application may be refused or a licence suspended or revoked on a number of grounds:
- 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 causing 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.
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.
- Follow the link for further information on part VIIA of the Highways Act 1980.
Application process
- You must complete fully and return the application form (available below) and submit the relevant fee payable
- 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 any other premises
- You will need to supply a copy of your Third Party Public Liability Insurance in the sum of £5 million
- A public notice advertising your application will be sent to you for display in the front window of your premises, in a prominent position for 28 days
Does 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 – a maximum of 56 days.
If you have not heard from the council within a reasonable period, please contact us. Follow the link to do this online if you applied through the UK Welcomes service.
Appeals and complaints
Applicants or licence holders should contact the council in the first instance to appeal a decision.
- The Highways Act 1980 does not allow legal appeals against a decision by the council to refuse to grant a licence
- A person aggrieved by a decision may seek a judicial review
If you wish to complain about amenities, we advise that you first contact the trader – preferably in the form a letter with proof of delivery. For further information please follow the links below:
- in the UK – Adviceguide
- outside the UK – European Consumer Centre
