Food and drink businesses may wish to apply for a licence to put removable furniture on the pavement adjacent to their premises in order to sell or serve food and drink, or for people to sit at to consume food and drink.

There is a new legal framework for issuing pavement licences, which enables food and drink businesses to put removable furniture on the pavement adjacent to their premises in order to sell or serve food and drink, or for people to sit at to consume food and drink. This framework supersedes the existing framework for pavement licensing set out in the Highways Act 1980 but does not impact licences already issued under that Act.

  • Councils now have to process applications for pavement licences within two weeks from the date they are applied for, and a fee of £100 will be payable.
  • Each application will be subject to a seven-day consultation period, with any representations required to be considered in determining the application.
  • Licences must be for a minimum of three months but at a councils' discretion can run for any period up to an end date of 30 September 2021.
  • Where a council does not respond to an application within two weeks, a licence will be deemed to have been granted for a year but not beyond 30 September 2021.

The Council has a set of local conditions that will be applied if a licence is deemed granted and there are also two national conditions. Where licence conditions are breached, the council can serve a remediation notice or revoke the licence.

It is also possible to apply for a more permanent licence for furniture to be placed on the highway by contacting Hertfordshire County Council on 0300 123 4040.

Alcohol licensing

The Act also amends the Licensing Act 2003 so that any premises with licences which currently only permit drinks to be consumed on the premises will be permitted to allow sales for consumption off the premises. The default extension will not however apply to premises which in the last three years have been refused permission for an off-sales licence, or have had this permission revoked.

The new permission will permit off-sales until 11pm

The Act sets out an expedited off-sales review process which will enable responsible authorities under the Licensing Act to apply for a review of an off-sales licence if they believe one or more of the Act's objectives are being contravened

Applications

You can apply to Welwyn Hatfield Council for a pavement licence to serve food and drink if the premises is in our Borough.

  • There is an application fee of £100 irrespective of the duration of grant, payable by BACS or telephone.
  • We would advise you to consult with the neighbouring properties as they may also be applying for a licence for their premises which may affect your application.
  • On receipt of your application the Council will consult with the Highway Authority and various other interested parties who may have concerns regarding the application.
  • You will need to provide plans as detailed on the application form.

Icon for pdf Download the Pavement Licence Application Form

Paying for an application

You can pay the application fee of £100 by BACS, or by telephone: 01707 357925.

If paying by BACS please put the reference PL followed by the premises being applied for, for example PL Campuswest so we can identify your payment and use the following bank details:
Account number: 41020900
Sort Code: 40-46-08

Notices

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.

Icon for word Download the template for a Site Notice.

Register

Icon for excel Pavement Licence Register

 

Representations

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). All applications will be available to view on our website.