Business and Planning Act 2020
| Jurisdiction | UK Non-devolved |
| Citation | 2020 c. 16 |
| Year | 2020 |
(1) A person whose use or proposed use of any premises in England is or includes relevant use may apply to the appropriate local authority for a licence under this section (a “pavement licence”) in respect of those premises.(2) A pavement licence in respect of any premises is a licence for the licence-holder to put removable furniture on part of a relevant highway adjacent to the premises for either or both of the purposes in subsection (3) .use of the furniture by the licence-holder to sell or serve food or drink supplied from, or in connection with relevant use of, the premises;use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, the premises.use as a public house, wine bar or other drinking establishment;(b) other use for the sale of food or drink for consumption on or off the premises.to which Part 7A of the Highways Act 1980 applies, andwhich is not over Crown land or maintained by Network Rail.(6) In subsection (1) “appropriate local authority” means the local authority in whose area the premises referred to in that subsection are situated.be made in writing and in such form as the authority may specify,be sent to the authority using electronic communications in such manner as the authority may specify, andbe accompanied by such fee not exceeding £100 as the local authority may require.specify the premises, the part of the relevant highway and the purpose or purposes specified in section 1(3) to which the application relates,specify the days of the week on which, and the times of day between which, it is proposed to put furniture on the highway,describe the type of furniture to which the application relates,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 by the licence-holder pursuant to the licence as the authority may require, andcontain or be accompanied by such other information or material as the local authority may require.publish the application and any information or material required by the local authority under subsection (2) (f) , andpublicise the fact that representations relating to the application may be made to the authority during the public consultation period (and indicate when that period comes to an end) .(4) In this group of sections, the “public consultation period” means the period of 7 days beginning with the day after that on which the application is made.on the day the application is made, fix a notice of the application to the premises so that the notice is readily visible to, and can be read easily by, members of the public who are not on the premises, andsecure that the notice remains in place until the end of the public consultation period.be in such form as the local authority to which the application is made may require,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 the local authority during the public consultation period (and indicate when that period comes to an end) , andcontain such other information or material as the local authority may require.(7) For the purposes of this section an application for a pavement licence is made on the day it is sent to the local authority.to the use of electronic communications for all purposes relating to the application, and to any licence resulting from the application, which are capable of being carried out electronically, andthat the applicant's address for the purposes of such communications is the address incorporated into, or otherwise logically associated with, the person's application.(9) Where a person applies for a pavement licence, the person may not make another application for a pavement licence in respect of the same premises before the end of the determination period (see section 3) .(1) This section applies where an application for a pavement licence is made to a local authority in accordance with section 2.take into account any representations made to it during the public consultation period,consult the highway authority for the relevant highway to which the application relates, where the local authority is not that authority, andconsult such other persons as the local authority considers appropriate.grant a pavement licence to the applicant, orreject the application.any or all of the purposes in relation to which the application is made;some or all of the part of the relevant highway specified in the application.(5) A local authority may grant a pavement licence under subsection (3) (a) only if the authority considers that, taking into account any conditions subject to which it proposes to grant the licence (as to which, see section 5) , nothing done by the licence-holder pursuant to the licence would have an effect specified in subsection (6) .
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