Home > Business > Licensing > Other Licences > Pavement Licence

Current Applications

A list of the current applications that are currently being consulted on can be viewed by clicking here.

How to Apply

Prior to applying for a licence, you should familiarise yourself with the National and Local Conditions  to ensure that your proposals do not breach the standard requirements.  Detailed information can be found on the gov.uk website

You will also need to display a public notice at the premises in the required form from the day you submit an application, so that it is visible to members of the public who are not on the premises. You must ensure it remains in place for 14 calendar days, calculated as starting from the day after the application is made.

As part of the online application process you will be required to;

• Specify the business premises concerned
• 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 and the hours between which it is proposed to have furniture on the highway
• Provide evidence of public liability insurance to the value of £5 million
• Provide evidence of your right to occupy the area e.g lease or land registry document
• Provide a plan as specified on the application form (example plan)
• Provide a description of the type(s) of furniture
• Make payment of the application fee (£400 grant £200 renewal) at time of completing application form by credit or debit card.

 

Click here to apply for a Pavement Licence.

You can make an application for a new or renewal application by completing the pavement licence application form.  You will be redirected to our resident portal where you will be invited to register or sign in before completing the applicaiton.

 

Objecting to a pavement licence 

If you wish to object to a current pavement licence application please click here and you will be directed to our objection form.

Determination

The local authority has 14 calendar days from the day after the public consultation period has closed to determine the application.

In determining whether to grant a licence we will need to consider a number of factors, such as;

• Take into account any representations made;
• Take into account any comments made as a result of the consultation (i.e. with Kent Highways);
• Ensuring that nothing prevents traffic, other than vehicular traffic, from; entering the highway, passing along the highway, having normal access to premises adjoining the highway;
• Ensuring that nothing prevents the use of vehicles as permitted;
• The needs of disabled people;
• The minimum access distances required by the secretary of state.

As part of determination we may;

• 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.

Appeals

There is no statutory appeal process for these decisions, however, refused applications may be appealed in writing to the Licensing Team (licensing@dover.gov.uk) within 14 days of refusal.  

 FAQs

How long are pavement licenses valid for?

A licence will be granted usually for two years, but may be granted for a lesser duration where it appears appropriate to the licensing authority.

 

Who can apply?

The following businesses are eligible to apply for a pavement licence:

• pubs
• restaurants
• bars
• cafes
• snack bars
• coffee shops
• ice cream parlours

Premises that have ancillary aspect uses such as supermarkets and entertainment venues that sell food and drink may also apply.

 

What furniture can be permitted by a licence?

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. Local authorities should 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.

Does the applicant need planning permission as well as the licence?

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.

What about alcohol licensing?

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 licenses and the need to comply with registration requirements for food businesses.

Who must local authorities consult?

The local authority must consult Kent County Council Highways authority, but also consults with Kent Police.   In addition to this the local authority may consult with other internal departments and other agencies as deemed appropriate..

Can members of the public make representations about the application?

Members of the public can make representations during the public consultation period which is the period of 14 calendar days starting the day after the application is submitted (excluding public holidays). Please click here to be directed to the objection from 

Can local authorities impose conditions which are not published?

Yes. When they grant a licence, local authorities may impose reasonable conditions whether or not they are published upfront.

What steps should an applicant take to engage with their community?

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 14 days beginning with the day after the day the application is submitted to the authority. Applicants are encouraged to keep evidence of this.

The notice must be in the form which the local authority prescribes.

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.

Can a Pavement licence be revoked?

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. If the licence-holder fails to do so, the local authority may amend the licence, with the consent of the licence-holder, revoke the licence or itself take steps to remedy the breach and can take action to recover any costs of so doing. Local authorities are encouraged to regularly review licences and enforce any breaches.

Can the furniture be removed?

In cases where furniture which would normally be permitted by a pavement or other licence has been placed on a relevant highway without the required licence, local authorities can give notice requiring the business to remove the furniture before a date specified and to refrain from putting furniture on the highway unless they gain a licence.

If furniture continues to be placed on the highway, in violation of the notice, the authority may remove and store the furniture, recover the costs from the business for the removal and storage of the furniture and refuse to return the furniture until those costs have been paid. If within 3 months of the notice, the costs are not paid, the authority can dispose of the furniture by sale or other means and retain the proceeds.