Introduction
Many pubs, restaurants and cafes wish to make use of the pavement outside their premises to provide tables and chairs/furniture for customers, which amongst other things can provide a positive contribution to the character of an area and create a vibrant Town Centre. However, it is important that such areas are properly controlled and managed to ensure that use of such areas do not adversely impact upon the abilities of others to safely use the highway e.g. by blocking sightlines for vehicles or providing insufficient space for pedestrians to safely use the pavement, whilst also taking into account the potential for those using the outside areas to create noise nuisance for residents.
In response to the COVID-19 outbreak the Business & Planning Act was enacted on 22July 2020 and amended by The Business and Planning Act 2020 (Pavement Licences)(Coronavirus) (Amendment) Regulations 2023 enacted on 09 August 2023. Applications for pavement licences can be made under Part 1 of this legislation.
"This new process, which temporarily replaces the requirement for applications to be made under Section 115 of the Highways Act 1980, 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 support them to operate safely while social distancing measures remain in place, and will provide much needed income over the summer months in an effort to protect as many hospitality jobs as possible."
Whilst the new legislation aims to reduce the period in which a pavement licence application is made and consulted on, Bury Council must ensure that sufficient width is retained for pedestrians to move about safely, and for movement of vehicles, whilst also considering the safety of users of a pavement café.
Following consultation with any persons the Council considers appropriate and following consideration of any representations made (the application and associated information will be published on the Council website during the consultation period),the Council may only grant (wholly or in part), with or without conditions or reject a licence. The Council can make a specific determination as to the duration of the licence (which must be a minimum of 3 months) or it can leave the duration open ended in which case the licence will expire on 30 September 2022 (unless this backstop date is extended in the future by the Secretary of State).
These guidelines set out the issues that will be considered when assessing applications for outdoor seating areas/tables and chairs. They explain the procedures Bury Council must go through in processing such applications and the conditions that will be applied where applications are approved.
In addition to making this application, you may be required to obtain other necessary consents, and the applicant is responsible for ensuring any such consents are in place. Consideration of an application will normally take into account the following four main issues:
- Space - is there enough room for the proposed use?
- Environment - The visual impact of the proposed seating area, is the immediate environment suitable for the use proposed?
- Other needs - what other footway uses and users need to be considered?
- Neighbours - the effect upon local residents or other businesses, particularly in terms of noise levels and the safe passage of pedestrians.
A license for tables and chairs/furniture will only be approved where the area proposed for a seating area is located adjoining premises used for a café or restaurant and must be carried out as part of that business. The sale of food and drink from temporary stalls or takeaway food and drink from outdoor sale points will not be acceptable. Tables must be serviced directly from immediately adjacent building premises where the food is prepared and sold.
General information
In general, tables, chairs and associated barriers, shall be restricted to being placed on the highway to reflect the opening hours of the premises to which the tables and chairs are associated. The approved hours for each application will be stated in the license. Outside of the approved permitted hours the tables and chairs/furniture should be removed completely from the public highway and the area left clean and tidy. Licences will not be granted beyond 23.00 hours and where a licence is granted the tables and chairs and associated items must be removed from the highway by this time.
Bury Council does not wish to define a standard style of furniture to be used for outdoor seating area/tables and chairs, however any furniture used within a seating area should be of a high quality and uniform style. All tables and chairs should be manufactured from quality materials, preferably metal or wood, and applicants should have regard to the highway surface on which it will stand. Tables and chairs with thin legs may cause damage to certain pavings and uneven or sloping surfaces may require the use of more sturdy types of furniture.
Any outdoor seating area, unless it is inappropriate or impractical, may have to provide a portable means of enclosure to the seating area, such as barriers or planters. Any means of enclosure should be stable and sturdy, should not have any protruding parts and should include a low level tapping rail. Limited advertising of the premises or a supplier may be considered on the enclosures, but they must not be used to advertise products or services sold at the premises. Details of any advertising or design of the enclosures must be provided with the application.
Food and/or drinks served to an outdoor seating area will be directly from the building premises adjacent to the seating area. It will not be acceptable for the sale of takeaway food from outside the premises.
Streets with footway and carriageway
A reasonable minimum unobstructed width, ideally 1.8 metres, is required for safe pedestrian movement, and pedestrian needs must be paramount. Pedestrians should not be diverted from their main route or the natural desire line.
The unobstructed footway width is measured from the kerb face to the boundary of the licensed area, or in cases where there is any street furniture (such as bollards, benches, litter bins, street lighting columns etc.) the unobstructed footway width is required from the line of the street furniture to the boundary of the licenced area. Additional footway width may be required in areas where there is particularly heavy pedestrian movements.
Fully or partially pedestrianised areas
Pedestrianised areas are streets where vehicles have either no rights of access or permitted rights of access during specific times, although the emergency services may need access at any time. In these types of streets, applications will be considered for tables and chairs/seating areas, however the seating area must not encroach onto areas fronting adjacent properties or properties opposite, and any approval is at the sole discretion of the Council. Applicants may need to consider access requirements for emergency services and pedestrian desire lines.
Each location would be assessed on its own individual merits/circumstances and is at the sole discretion of the Council.
Public liability insurance
Bury Council will require evidence from the applicant that adequate insurance and indemnities have been obtained to cover the outdoor tables and chairs seating area prior to a license being granted. The Council is to be indemnified and must be kept indemnified to the sum of at least £5,000,000 (five million pounds), for any one incident against all claims, damages and losses including claims in respect of accidents and/or injuries to any person, animal or thing howsoever caused as a result or arising out of the placing and/or use of the outdoor tables and chairs/furniture within the highway limits.
Recovery of fees and costs
Whilst there is provision for the Council to request an application fee not exceeding £100, in the current climate the Council will not seek to charge for applications for pavement licences at this moment in time.
Consideration will not be given to continuing a License if issues or complaints have been received regarding the license (for example, crime and nuisance issues raised by Greater Manchester Police, or issues in relation to the premises licence etc.).
Applications
Applications must be made in writing and sent to the Council using electronic communications. An application can only be considered to be valid and formally made to the Council if it contains the information specified on the application form. Notice of the consultation period cannot be displayed until a full valid application is made. In accordance with the legislation, to give opportunity for representations to be made, applications will be published on the Council website.
Contact us:
To apply for a pavement licence on the highway: Street café licence.