Pavement Licence Procedures
Pavement licences are granted by Breckland Council.
The general rule is that applications should be granted unless there are valid objections or reasons not to.
The standard hours for pavement licences should be between 8am and 11pm. Applications outside of those hours will be considered on a case-by-case basis, and only granted in the absence of objections or once such objections have been resolved or withdrawn. When considering applications the following matters will be taken into account:
1. Obstruction on the highway
An absolute minimum unobstructed width of 2.5 metres of the highway, measured from the boundary line of the premises, must be available before a pavement licence is granted. Additional widths may be required in certain locations.
2. Public safety and equalities
Applications will not be granted if pedestrians are forced or encouraged to cross a footway in a dangerous manner.
Applications may be refused if there is insufficient space between tables and chairs to enable disabled people, particularly those in wheelchairs, to use the facilities, or if the proposed facility poses a risk to disabled people on the highway. Applications will not be granted where health and safety risks may arise that cannot otherwise be avoided.
3. Public nuisance
Applications will be refused if they are likely to cause excessive amounts of litter, noise, disturbance, smell or other nuisance to users of the highway or adjacent properties, particularly residential properties.
4. Crime and disorder
Representations from the Police in relation to crime and disorder will be taken into account.
5. Access to plant and equipment
Licences will not be granted where access to local authority or utility company plant and equipment will be severely restricted.
Applicants must submit details of the types of furniture that are to be used, and the types of barriers that will be erected to demarcate the licensed area, for approval by officers.
Applications in conservation areas will be referred to Conservation Officers for consultation. Furniture and barriers must be of high quality and be in keeping with the characteristics of the area in which it will be used.
If as a result of the notice required to be displayed as part of the original application on the premises for a minimum of seven days, an objection is received, then the application will be determined in the first instance by a Delegated Officer. If the application is refused you will be notified and given the reason why it has been refused. The Delegated Officer may also grant part of the application or add conditions to the permission. If the licence is refused you may request a review. You must request the review within 14 days of the notification of refusal.
Permissions will be granted for a time limited period not exceeding 30 September 2021.
The Council can revoke the permission at any time if there is a breach in the conditions, if the land is required for other purposes, or for any other reasonable cause.
The following enforcement regime will apply to pavement licences by an authorised person:
(i) On the first breach of a licence conditions a warning will be issued and the licensee requested to comply with the conditions within one hour of the warning.
(ii) A second written warning will result in the suspension of the licence pending liaison with the licence holder concerned and further investigation if needed.
The licence will be restored once the licence holder has agreed to comply with the relevant conditions.
(iii) A third breach of condition will result in the licence being revoked.
Once the application has been accepted you must display the notice in a prominent position at the premises where it can be seen by passing members of the public for a period of not less than seven days. You must also provide a photo of the notice in situ to the Licensing Team. Failure to do this will result in the application process being deemed void and you will have to restart the application process again.
Last updated: 29/07/2020 08:52:05