Pavement Licence – application guidance notes and conditions

A 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. This is a streamlined process to allow businesses to secure these licences in time for the summer and, where they are deemed to have been granted, allow these licences to remain in place for a year but not beyond 30 September 2022. Where a pavement licence is granted, clear access routes on the highway will need to be maintained, taking into account the needs of all users, including disabled people.

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. This will provide much needed income over the summer months and protect as many hospitality jobs as possible.

Pavement licences are presently granted primarily under Part 7A of the Highways Act 1980. The fee varies between local authorities. The new process provides a cheaper, easier and quicker way for businesses to obtain a licence. The fee for applying for a licence under the new process, is capped at £100 and the consultation period is 5 working days (excluding public holidays). It is currently a minimum of 28 calendar days under Part 7A.

If the local authority does not determine the application before the end of the determination period (which is 5 working days beginning with the first day after the public consultation period (excluding public holidays), the licence is deemed to have been granted for a year (or, if shorter, until 30 September 2022) and 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.

A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.

A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.

The furniture which may be used is:

• counters or stalls for selling or serving food or drink;
• tables, counters or shelves on which food or drink can be placed;
• chairs, benches or other forms of seating; and
• umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.

This furniture is required to be removable. PCC will be pragmatic when determining what is ‘removable’ but in principle this means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.

A Boards are not considered as “furniture” for the purposes of this licence and therefore ARE NOT PERMITTED TO BE USED ON THE HIGHWAY AS PART OF THIS LICENCE.

For applicants wishing to make use of gazebos or similar temporary structures, further advice and guidance is outlined below.  As these types of structures will be temporary, and taken down every day, they will be exempt from requiring building regulation approval.

General

In terms of public safety, full manufacturer’s details including dimensions, flammability of fabric, ballasting or anchoring requirements in respect of maximum wind loading/speed, and a weather management plan with trigger actions for increasing wind speed will all be necessary prior to erection.  Applicants are advised that they should ensure that this information is made available to them before purchase.  The positioning of the gazebos will need to be agreed as part of the agreed site plan in order not to impede any means of escape routes and if any permanent anchor points are proposed, a survey of underground services at the location are likely to be necessary.

Any costs arising from such installations, including any surveys and works will be met by the applicant.

Risk Assessment

A suitable risk assessment to cover the erection, dismantling, use and anchoring of the structures must be prepared and submitted to the Licensing Authority when the application is made.  This is in conjunction with assessments of the fire risk and the risks to the means of escape in case of fire or similar hazard.

These documents should be available from the supplier and applicants must ensure that these are made available to both themselves and other relevant staff for reference.

Any marquee or gazebo must be checked to ensure that they are in a good condition and fit for purpose and that the people erecting and dismantling the structures are competent to do so and have received adequate training.

[If a small domestic type gazebo is to be used, the manufacturer’s literature must show:

(a)         that it will be suitable for the proposed use,

(b)         that the materials are or have been treated with a fire retardant,

(c)          the method of adequately anchoring or fixing the structure down and

(d)         the maximum safe wind speed that the structure can be safely used in should also be known.]

Anchoring down the structure

The person carrying out the erection should follow the manufacturers’ advice,

guidelines and recommendations for the anchoring of the marquee or gazebo.

• All anchor points and ropes should be in good condition and fit for purpose

and be regularly checked by a competent person while the structure is erected; if the weather changes/deteriorates the number of checks should be increased.

• The number of anchor points available for use should be in accordance

with the manufacturer’s instructions.

• If ballast is to be used the amount required should be obtained from the

manufacturer and it should be positioned and fixed in accordance with their instructions.

• If stakes are to be used, the length, type and number to be provided

should be determined by the manufacturer of the structure. If the manufacturers can make no recommendations suitable for the ground where the structure is to be sited a structural engineer should be consulted to provide the relevant information.

• If an alternative means of anchoring to stakes or ballast is to be used the

applicant/licence holder should consult with the manufacturer to ascertain if the proposed alternative method is adequate.

Wind Speed

Wind is a potential hazard during the erection, the operation and the dismantling

phases of a structure.  You should check with the manufacturer to ascertain the operational wind speed for the safe use of the marquee or gazebo to be used.

To determine the level of monitoring and management that will be required while the structure is in place refer to local weather forecasting services.

A competent person must be appointed to check the wind speed at regular intervals while the structure is erected. Should the weather change/deteriorate the number of checks should be increased.

If the maximum safe wind speed is exceeded, the use of the structure should cease and it should be dismantled if necessary and safe to do so. If the maximum safe wind speed is exceeded the use of the structure should cease and the area should be cleared. The structure should then be dismantled, when safe to do so.

Means of escape

When considering the proposed use of marquees or gazebos, a fire risk assessment must be carried out. The assessment will need to consider the availability of safe and suitable means of escape fire exit points and how any movement of people or structures can have an impact on the means of escape routes available and the safety of the public.

If any marquee or gazebo is over 30m2 in floor area or its use involves hazards such as hot cooking surfaces etc., an alternative means of escape will be required remote from the main entrance. Dependent on its size, the number of occupant’s and the use, more than one alternative emergency exit may be required. Advice regarding the position, number and width of access/exit routes and final exits etc. may be required a Building Control Consultant or alternatively the Fire Prevention Officer at the Fire Service.

The fire risk assessment should also determine if suitable fire extinguishers should be provided and at what locations they should be positioned.

All emergency exits are required to be indicated using appropriate fire exit signage to BS 5499.

Night time use

If the marquees or gazebos are to be used during the hours of darkness, or if ambient light levels are low, suitable emergency lighting will be required to indicate exits and a safe route of travel inside the structure and externally to a safe place of refuge. The required standards for lighting, emergency lighting, ingress and egress remain the same for temporary and permanent structures.

Heating

The provision of heaters must take into account the fire risks associated with all equipment, fabrics and combustible material within or forming part of the structure.  Any provision of power supply must not impede or cause a hazard to persons using the highway.

Parking of Vehicles

Parking of vehicles, and storage of flammable materials, must take into account fire risks to structures and the escape routes from and around such structures.

Fees will be set locally, but are capped at a maximum of £100.

Portsmouth City Council has decided to limit the fee payable to £50.00.

Licences can only be granted in respect of highways listed in section 115A(1) of the Highways Act 1980[1]. 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 (so a licence cannot be granted).

[1] https://www.legislation.gov.uk/ukpga/1980/66/part/VIIA

This process applies to England only, including London and other areas where statutory regimes other than the regime in the Highways Act 1980 may be relevant to the grant of licences for street furniture.

Under Section 101 of the Local Government Act 1972, local authorities may arrange for the discharge of their functions by a committee, a sub-committee or an officer of the authority; or by any other local authority. This means that the executive of a local authority can delegate decisions to a committee, or officer of the authority. They may also wish to delegate the functions to another authority, for example to a County Council in a two-tier area.

It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences and the need to comply with registration requirements for food businesses.

If the applicant has a licence to serve alcohol on-premises temporary amendments to the Licensing Act 2003, through the Business and Planning Act 2020, will allow them to sell alcohol for consumption off the premises without needing to apply for a variation of their licence. More details can be found in the guidance accompanying the Business and Planning Act 2020.  The duration of these temporary amendments have also been extended to 30 September 2022, but remain legally independent and separate from the pavement licence process.

Local authorities will also need to have regard to the Public Sector Equality Duty, under the Equality Act 2010 when devising and implementing the new licensing regime, which includes the need to have due regard to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act. Any businesses which apply for a pavement licence will also need to have regard to their own duties under the Equality Act 2010, such as their duty under s.29 of the Act not to discriminate in providing their service.

No. Once a licence is granted, or deemed to be 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.

If a local authority determines an application before the end of the determination period (which is 5 working days, beginning with the first day after the public consultation period, excluding public holidays) the authority can specify the duration of the licence, subject to a minimum duration of 3 months. The expectation is that local authorities will grant licences for 12 months (or until 30 September 2022 if shorter), unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space.

If a licence is ‘deemed’ granted because the authority does not make a decision on an application before the end of the determination period, then the licence will be valid for a year (or until 30 September 2022, if shorter).  However, if, when implemented, a licence that has been deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.

A licence applied for before the Business and Planning 2020 (Pavement Licence) (Coronavirus)(Amendment) Regulations 2021 come into effect will not be valid beyond 30 September 2021.  It therefore follows that no licence granted or deemed granted before the new 2021 regulations came into effect can be valid beyond 30 September 2021, although the holder of such a licence may be able to apply for a further licence.

The Government have extended the duration of the temporary pavement licence provisions for 12 months to 30 September 2022.  This means that businesses can apply for a pavement licence to be in place within this extended period, up to 30 September 2022.  This extension only applies to a pavement licence for which an application is made after the date on which the regulations came into effect (20 July 2021).

These regulations do not automatically extend existing licences as these were granted on the basis that they would be in place for a specified period until 30 September 2021 or earlier.  Businesses will need to apply for a new licence if they wish to have one in place during the extended period from 30 September 2021, so that the application can be determined on the basis of the 2021 Regulations.

This is a temporary measure to support businesses recovery from the impacts of coronavirus restrictions.  As the economic impacts of coronavirus will continue to be felt for some time, the 2021 Regulations mean that the Business and Planning Act process will remain in place until the end of September 2022 – giving certainty to businesses for the foreseeable future.  It will also allow them enough time to apply for new licences under Part 7A of the Highways Act 1980 or equivalent provisions in any Local Act, if they want to extend their use of pavement furniture beyond the end of September 2022.

An application to the local authority must:

• specify the premises and, the part of the relevant highway to which the application relates;
• specify the purpose (or purposes) for which the furniture will be used which must be to sell or serve food or drink, and/or for use by other people for the consumption of food or drink. In both cases the food or drink must be supplied from, or in connection with relevant use of the premises;
• specify the days of the week on which and the hours between which it is proposed to have furniture on the highway;
• describe the type of furniture to which the application relates, for example: tables, chairs, and/or stalls;
• specify the date on which the application is made;
• contain or be accompanied by such evidence of public liability insurance in respect of anything to be done pursuant to the licence as the authority may require; and
• contain or be accompanied by such other information or material as the local authority may require.
• contain or be accompanied by such other information or material as the local authority may require, for example how national and local conditions have been satisfied

Local authorities may require applications to be made on a standard application form.

PCC has prepared an application form which will be available both on the Council’s website and/or emailed direct to interested persons on request.

Local authorities may require the applicant to provide other information or material to help them make a swift determination. This could be included in their standard application form. Any requirements imposed should be reasonable and should be kept as minimal as possible. Examples of the information a local authority might require might include:

• a plan showing the location of the premises shown by a red line, so the application site can be clearly identified (some authorities may require this on an OS Base Map);
• 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 should also include reference to the layout of smoking/non-smoking areas;
• the proposed duration of the licence (for e.g. 3 months, 6 months, or a year);
• evidence of the right to occupy the premises e.g. the lease;
• contact details of the applicant;
• photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied;
• evidence that the applicant has met the requirement to give notice of the application (for example photograph);
• (if applicable) reference of existing pavement licence currently under consideration by the local authority; and
• any other evidence needed to demonstrate how any local and national conditions will be satisfied.
• PCC have provided a checklist on the application form which sets out what information is needed.

To obtain a licence for any period after 30 September 2021, a new application will need to be made even if the premises already had a licence until 30 September 2021.  An application will need to have been made after the date on which the new regulations came into effect. Local authorities are encouraged to take a proportionate approach to information requirements for businesses seeking a new pavement licence where a licence has previously existed, so that this is as convenient as possible for businesses and members of the public.  An example of a proportionate approach could be allowing applicants to re-use application material from their original application, updating where relevant, to ensure they still comply with local and national conditions.

Alternatively, and for licences that are needed beyond 30 September 2022, it remains open for an applicant to apply for permission to place furniture on the highway under the Highways Act 1980, Part 7A.

It remains open for an applicant to apply for permission to place furniture on the highway under the Highways Act 1980.  However, that applicant may opt to make a fresh application for a pavement licence under the Business and Planning Act process.  In those circumstances the pending application will be deemed to have been withdrawn.  If the fee for the pending application was paid the authority will not be permitted to charge a few for the new application for a pavement licence.

The no-obstruction condition is a condition that the licence must not have the effects set out in section 3(6) of the 2020 Act. When determining whether furniture constitutes an unacceptable obstruction in light of the no-obstruction condition, the provisions require that local authorities consider the needs of disabled people.

In order to do this, authorities should consider the following matters when setting conditions, determining applications (in the absence of local conditions), and when considering whether enforcement action is required:

• Section 3.1 of Inclusive Mobility sets out a range of recommended widths which would be required, depending on the needs of particular pavement users, but is clear that in most circumstances 1500mm clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway,
• any need for a barrier to separate furniture from the rest of the footway so that the visually impaired can navigate around the furniture, such as colour contrast and a tap rail for long cane users. In some cases, it may be appropriate to use one or more rigid, removable objects to demarcate the area to which the licence applies, for example wooden tubs of flowers. However, this will need to be balanced to ensure any barriers do not inhibit other street users, such as the mobility impaired, as such barriers may create a further obstacle in the highway;
• any conflict of street furniture with the principal lines of pedestrian movement particularly for disabled people, older people and those with mobility needs. The positioning of furniture should not discourage pedestrians from using the footway. The available route must be entirely clear and not pass through an area with tables and chairs;
• so that where possible furniture is non-reflective and of reasonable substance such that it cannot easily be pushed or blown over by the wind, and thereby cause obstruction – for example, the local authority could refuse the use of plastic patio furniture, unless measures have been taken to ensure it is kept in place.

Section 149 of the Equality Act 2010 places duties on local authorities, to have due regard to: the need to eliminate unlawful discrimination, advance equality of opportunity between people who share a protected characteristic and those who don’t, and foster or encourage good relations between people who share a protected characteristic and those who don’t.

The national smoke-free seating condition seeks to ensure that the majority of customers are protected from the harms of second-hand smoke and support reducing the risks of COVID transmission.

It is important that businesses can cater to their customers’ preferences. The Business and Planning Act 2020 imposes a smoke-free seating condition in relation to licences where seating used for the purpose of consuming food or drink has been, (or is to be) placed on the relevant highway. The condition requires a licence-holder to make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area. Ways of meeting this condition could include:

• Clear ‘smoking’ and ‘non-smoking’ areas, with ‘no smoking’ signage displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (signs) regulations 2012 which can be viewed here
• No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
• Licence holders should provide a minimum 2M distance between non-smoking and smoking areas, wherever possible.

Further, business must continue to have regard to smoke-free legislation under The Health Act 2006, and the subsequent Smoke-free (Premises and Enforcement) Regulations 2006.

Public Health England has published guidance for smokers and vapers during the COVID pandemic.

Where a local authority sets a local condition that covers the same matter as set out in national conditions, then the locally set condition would take precedence over the national condition where there is reasonable justification to do so.

Once the information is submitted to the local authority the authority has 10 working days from the day after the application is made (excluding public holidays) to consult on, and determine the application. This consists of 5 working days for public consultation, and then 5 working days to consider and determine the application after the consultation.

If the local authority does not determine the application within the 10 working day period, the application will be deemed to have been granted.

The local authority will need to consider a number of factors, when determining whether to approve the application. These include the scope for national or local conditions to make it possible to approve an application which would otherwise be unacceptable.
The Secretary of State may publish conditions for pavement licences. Section 8 of this guidance sets out such a condition. This is in addition to the statutory ‘no obstruction’ condition referred to in 5(4) and 3(6) of the Business and Planning Act 2020 and “smoke-free” seating condition.
Authorities are encouraged to publish local conditions subject to which they propose to grant pavement licences so that applicants and those making representations are aware of them. When considering their powers in relation to local conditions they should bear in mind the requirements of the Act and seek to impose conditions which have the same effect as the no-obstruction condition and the smoke-free seating condition. They should also take into account any national conditions which may be specified in the future in Regulations.
When setting local conditions and determining applications. Issues authorities will also want to consider include:
• public health and safety – for example, ensuring that uses conform with latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening;
• public amenity – will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter; and
• accessibility – taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users, taking account of:
– considerations under the no-obstruction condition, in particular considering the needs of disabled people;
– any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles;
– any other social distancing measures in place, for example any queuing systems that limit the space available on the pavement;
– whether there are other permanent street furniture or fixed structures in place on the footway that already reduce access; and
– other users of the space, for example if there are high levels of pedestrian or cycle movements.

In relation to minimum footway widths and distances required for access by mobility impaired and visually impaired people, PCC will expect an absolute minimum of 1.8 metres to be maintained on the footway to enable access by pedestrians.
Whilst PCC wishes to actively support businesses wanting to use tables/chairs or other furniture outside of the premises, we have to carefully consider the potential impact on residents or businesses living or working nearby. We will have due regard to any valid concerns raised during the consultation period but hope that local residents and businesses can be supportive of the temporary measures that are being implemented to help open up the hospitality sector in Portsmouth and thereby help to revive our local economy and our community from the devastating impact of the Coronavirus.
The temporary legislation allows local authorities to intervene by way of addressing any breaches of conditions or indeed revoke a licence if problems occur in relation to public health or safety, obstruction of the highway, anti-social behaviour or public nuisance if valid concerns are raised.

When considering public health and safety, local authorities should seek to ensure a balanced consideration for security implications, particularly the risk to groups of people from interaction with hostile vehicles, and the creation of large crowds in new public spaces. Local authorities should consider consulting with Police Licensing Teams,

Designing Out Crime Officers and Counter Terrorism Security Advisors for relevant advice.

See the guidance for managing the most common security implications.

Yes. When they grant a licence, local authorities may impose reasonable conditions whether or not they are published upfront. There is an expectation these will be supported by a clear justification for the need of a condition, such as evidence raised during the consultation, which is in addition to any published local conditions. Conditions might, for example, limit the maximum number of chairs and tables, or type of furniture, time and days of operation with justification for this.

From 19 July, social distancing guidance will no longer apply. This means that local authorities and businesses do not need to implement social distancing (2m or 1m+) and the public do not need to keep apart from people they don’t live with. However local authorities and businesses may wish to consider that some people may make a personal choice and limit their close contact with others. Businesses still have a legal duty to manage risks to those affected by their business. The way to do this is to carry out a health and safety risk assessment, including the risk of COVID-19, and to take reasonable steps to mitigate the risks you identify.

Businesses should use the working safely guidance to consider the risk within their premises and decide which mitigations are appropriate to adopt. See more information on how people can stay safe and help prevent the spread of COVID-19.

PCC will publish its local conditions subject to which licences will be granted on its website at www.portmouthcc.gov.uk and will also attach those conditions to any licence granted so that licence holders are aware of the conditions they are expected to comply with.

PCC strongly recommends the use of barriers around the proposed area to stop people using the facilities spilling out onto the surrounding footway and restricting access for vulnerable residents.  Also, the barrier provides a tap rail for visually impaired pedestrians so they can negotiate the obstruction safely.

If the local authority determines the application before the end of the determination period the local authority can:

• grant the licence in respect of any or all of the purposes specified in the application,
• grant the licence for some or all of the part of the highway specified in the application, and impose conditions, or
• refuse the application.

To the extent that conditions imposed on a licence by the local authority do not have the effects specified in the statutory conditions (see paragraph 4.1 and paragraph 4.2 of this guidance) the licence is granted subject to those requirements.

There is no statutory appeal process for these decisions, however, councils may wish to consider the scope for an internal review process, for example permitting appeals to their Licensing Committee.

If the local authority does not determine the application before the end of the determination period, the application is deemed to have been granted subject to any local conditions published by the local authority before the application was submitted.

To the extent that local conditions deemed to be imposed on the licence do not have the effects specified the statutory conditions (see paragraph 4.1 and paragraph 4.2 of this guidance), the licence is granted subject to those requirements.

The applicant is required to affix a notice to the premises, so it is easily visible and legible to the public on the day they submit the application to the local authority. They must ensure the notice remains in place for the public consultation period which is the period of 5 working days beginning with the day after the day the application is submitted to the authority. When counting ‘working days’ public holidays are not included. Applicants are encouraged to keep evidence of this.

Applicants are encouraged to engage with any services operated in the vicinity for vulnerable customers, for example, care home or disability organisations nearby where individuals may be at particular risk

The notice must:

• be in the form which the local authority prescribes, if it prescribes one;
• state that the application has been made and the date on which it was made;
• indicate that representations relating to the application may be made to that local authority during the public consultation period and when that period comes to an end; and
• contain such other information or material as that local authority may require.

The applicant is encouraged to talk to neighbouring businesses and occupiers prior to applying to the local authority, and so take any issues around noise, and nuisance into consideration as part of the proposal.

The local authority may require that other information is included in the notice such as:

• the statutory provisions under which the application is made;
• description of the proposed use of the furniture;
• address of the premises and name of the business;
• website for the council where the application and any accompanying material can be viewed during the consultation period;
• address (which might be an email address) to which representations should be sent during the consultation period; and
• the end date of the consultation (5 working days starting the day after the application is submitted to the authority)

PCC will provide the site notice on its website or can be emailed direct to you, on request, along with the application form and these guidance notes.

The local authority must consult the highways authority, if they are not the highways authority; this is usually the county council in a two-tier area, or Transport for London in London.   For security advice, local authorities should consult Police Licensing Teams, Designing Out Crime Officers or Counter Terrorism Security Advisors. The authority must also consult such other persons as the local authority considers appropriate. The authority must also consult such other persons as the local authority considers appropriate.

PCC will consult with the following services/partners when considering your application:

• Highways Authority
• Hampshire Constabulary
• Hampshire Fire and Rescue Services
• Parking Services
• Seafront Services
• Economic Growth and Regeneration
• Planning Services
• Highways PFI
• Housing and Property Services
• Community Safety and Environment
• Access and Equalities
• Traffic Safety
• Ward Councillors
• Building Control (in respect of marquees or gazebos)

Members of the public can contact the council to make representations. Local authorities must take into account representations received from members of the public during the public consultation period which is the period of 5 working days starting the day after the application is submitted (excluding public holidays).

In order to promote accessibility to those unable to access printed notices, Local Authorities are encouraged to consider using digital methods of publicity. They should also consider the needs of those who may find it more difficult to access online publications.

The local authority is required to publish the application and any information or material which the applicant has submitted with it to meet the requirements of the authority, in such a manner as it considers appropriate, for example, on their website or via an online portal.

The local authority is also required to publicise the fact that representations may be made during the public consultation period and when that period comes to an end. Local authorities might consider using digital methods of publicity, such as automatic notices, which members of the public can opt in to receive.

In deciding what steps to take authorities should consider the needs of those who may find it more difficult to access online publications.

When publishing applications and publicising the fact that representations can be made, authorities will need to have regard to their duties under the Equality Act 2010 and will need to meet the requirements in the Public Sector Bodies (Websites and Mobile Applications) (No 2) Accessibility Regulations 2018, and therefore ensure that these are made accessible.

PCC will publish details of applications received on its website at https://www.portsmouth.gov.uk/ext/licensing/apply-for-licences/licensing-online-applications-and-public-register.  Members of the public can register on this site to be notified of applications should they wish to do so.  For those persons who may find it difficult to access information online, notifications of applications will be given to ward councillors as and when applications are made.

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 and the authority can take action to cover any costs. The authority may revoke a licence in the following circumstances:

1. For breach of condition, (whether or not a remediation notice has been issued) or
2. Where:

• There are risks to public health or safety – for example by encouraging users to breach government guidance on social distancing by placing tables and chairs too close together or where it comes to light that there are significant security risks which have not been sufficiently considered, or addressed in a proportionate fashion (this should be reassessed as necessary, particularly in the event of changes to the terrorism threat level);
  • The use of the highway is causing an unacceptable obstruction, breaching the non-obstruction condition – for example, the arrangement of street furniture prevents disabled people, older people or a wheelchair users to pass along the highway or have normal access to the premises along side the highway;
  • The use is causing anti-social behaviour or public nuisance – for example, the use is increasing the amount of noise generated late at night and litter is not being cleaned up;
  • It comes to light that the applicant provided false or misleading statements in their application – for example they are operating a stall selling hot food and had applied for tables and chairs on which drinks could be consumed; or
  • The applicant did not comply with the requirement to affix the notice to notify the public for the relevant period.

3) The local authority may also revoke the licence where all or any part of the area of the relevant highway to which the licence relates has become unsuitable for any purpose for which the licence was granted or deemed to be granted. For example, the licensed area (or road adjacent) is no longer to be pedestrianised. It is good practice for local authorities to give reasons where these powers are used.

The holder shall provide Third Party Liability Insurance to the amount of £5,000,000 to indemnify the Council against all claims for damage or injury arising out of the use of the highway and shall provide the City Council with a copy of the certificate of insurance on request.

2. Adequate provisions shall be provided for the disposal of litter.
3. Any damage sustained to the highway resulting from furniture being placed on the highway in accordance with this permission shall be repaired at the expense of the holder to the requirements and satisfaction of the Council.
4. The furniture must be kept strictly within the area approved by the Council and must not encroach on the adjoining or adjacent businesses or properties, or restrict the public thoroughfare to any extent where it would become a nuisance.
5. No additions or alterations to the furniture shall be made without prior written consent of the Council.
6. The maximum height of any barrier shall not exceed 1.5 metres.
7. In areas where street illumination is sparse, the furniture shall be adequately illuminated.
8. All furniture shall be removed from the highway by no later than 21:00 hours.
9. When the establishment for which the permission was granted is closed for business, the furniture shall be removed from the highway, unless previously agreed by the council.
10. Any authorised officer of the Council may require the holder to comply with any order or directive to prevent a breach of these conditions and/or any special conditions.
11. The Council reserves the right to require the removal of furniture to allow for: Maintenance. Emergencies, Public events, exhibitions and markets, Access, Any other reasonable cause
12. Items displayed or used in the designated area should be of sufficient solidity or properly secured to prevent them falling or being blown onto the highway.

    This shall include sufficient measures to supervise persons purchasing off-sales from their premises and to dissuade customers from congregating in those areas on the highway where safe and unobstructed pedestrian movement is require

13. The holder of the pavement licence shall prominently display the prescribed approval notice from the frontage of the premises in order to be plainly visible to the public. This notice MUST be returned to the council in the event of a permission being suspended or revoked.
14. The licence holder shall ensure that the use of the pavement licence conforms to the latest guidance on social distancing, any reasonable crowd management measures, and cleaning procedures needed as a result of a licence being granted and businesses reopening.
15. The sale of alcohol from the premises shall be in compliance with an authorisation granted by Portsmouth City Council, as the Licensing Authority, in accordance with the Licensing Act 2003.
16. In those circumstances where tables and chairs are provided in accordance with the licence, all persons using the approved area shall be seated in order to control numbers and minimise the impact of rowdy or anti-social behaviour.
17. The furniture design shall be approved by the Council and no changes must be made to the design without prior written approval.
18. The approved area shall be maintained in a clean and litter free condition at all times.
19. The floor area of the approved site shall be cleaned a minimum of twice weekly using a detergent to the satisfaction of the Council.
20. No external speakers, background music, recorded or live music shall be played into the designated pavement area.
21. The licence holder is required to keep tables, chairs, benches etc in good decorative order.
22. In those circumstances where additional highway has been utilised by virtue of traffic management measures issued under regulations associated with the COVID-19 pandemic, the licence holder will be required to provide suitable physical infrastructure at the boundary between the pedestrian route and active carriageway. Such infrastructure will be clearly outlined in the application for the licence.  The licence holder will be responsible for ensuring that any structures are suitably maintained and supervised so as to ensure the safety of pedestrians using the extended highway.
23. The Licence Holder must ensure that any activities undertaken pursuant to this licence do not have an effect on:

    (a)         preventing traffic, other than vehicular traffic, from:

    (i) entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway);

    (ii) passing along the relevant highway, or

    (iii) having normal access to premises adjoining the relevant highway; preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order;

    (c)         preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway;

    (d)         preventing the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway;

    (e)  the needs of disabled people; and

    (f)          the recommended distances required for access by disabled people as set out in                        the guidance issued by the Secretary of State.

24.  Where furniture is provided on the relevant highway which consists of seating for use by persons for the purpose of consuming food or drink, the licence holder must make reasonable provision for seating where smoking is not permitted.