Pavement licence

Please ensure you have read the ‘Pavement Licence Information Sheet’ for detailed information on the legislation, statutory guidance, the application process, size and layout requirements, furniture, etc.
 
All applications must be submitted electronically using the online application process.
 
All Pavement Licences granted by the Council are subject to ‘Standard Pavement Licence Conditions’.  
 
Prior to filling in the online application you must;-

• Complete, print and display a copy of the ‘Notice of Application’ in your premises window.
• Prepare a plan of the proposed layout including measurements of the licenced area and the overall relevant highway adjacent to the premises - we recommend displaying a copy in your premises’ window along with the Notice of Application.
• Take a photo of the Notice of Application, and proposed layout, showing that it is in place and easily readable by the public.
• Ensure your public liability insurance is to a minimum value of £5,000,000.

Examples of pavement licence area layouts can be found in Section 3 of the Pavement Licence Information Sheet.
  
In order for your application to be processed you also must ensure that the following is included as part of the online application at the time of submission;-

• A copy of your public liability insurance (showing a minimum value of £5,000,000).
• A plan of the proposed layout (a scale plan showing the area of relevant highway in respect of which the Pavement Licence is sought and the layout of the furniture to be placed on it).
• A photo of the Notice of Application and proposed layout plan affixed to your premises’ window.
• The payment
• If you are an agent working on behalf of the proposed licence holder, you will need to provide signed documentation from the proposed licence holder confirming you have authority to act on their behalf.

Application for a Pavement Licence

Applying for the renewal of a Pavement Licence

You may only make this renewal application if:

• You are the person who already holds a Pavement Licence issued by the Council
• It is in respect of the same premises to which that existing Pavement Licence relates
• It is for the renewal to begin on the expiry of the existing Licence and on the same terms (including the same use, furniture, activities, permitted times, and the same layout as shown on the plan accompanying your previous application).

The application for renewal should be made before the expiry of the current pavement licence and in sufficient time to allow the renewal to begin on the expiry of the existing Licence.

The fee payable on making this application is £25.00

Please click here to apply for the renewal of a pavement licence

Applying for a new or revised Pavement Licence

For all applications that do not meet the criteria for a renewal, please complete a new application.

The fee payable on making this application is £50.00

Please click here to apply for a new or revised Pavement licence
 

Prior to applying for your pavement licence you are encouraged to discuss your proposal with neighbouring businesses and other occupiers with particular regard to noise and nuisance. You are also encouraged to discuss your proposals with any services operated in the vicinity for vulnerable customers (e.g. care homes, disability organisations etc.) where individuals are at particular risk.

The ‘Notice of Application’ which is affixed to your premises’ window forms part of the publication. In addition to this, once your application has been submitted and verified, it will be made public on the Council’s Pavement Licence portal which can be viewed here.

The 14 day public consultation period (excluding public holidays) starts on the day after your online application has been submitted. Any applications for which the payment has not been received by the end of the consultation period will be withdrawn. 

Members of the public can view any application on our website and make representations either in support or to object. You can view an application and make a representation here.

The Council aims to assess all applications within the 14 day determination period as set out in the legislation. Where this is not possible a pavement licence application will automatically deem. 
 
Applicants will receive an email confirming the decision. Where an application is granted, a link to the licence will also be included; the licence will need to be printed off and stored on the premises. 
 
A link to the ‘Request for a review’ form will be included with any application that has been refused. Once completed, a review will be undertaken by a senior manager of the Council who has not been previously involved in the determination of your application.
 
Following the granting of a pavement licence, should you no longer require your licence, we ask that you email a completed ‘Notice of Surrender of licence’ form to pavementlicence@northumberland.gov.uk.

The Council will undertake checks to ensure that businesses who have furniture out on the pavement have a valid Pavement Licence authorising this activity.

For those businesses who do not have a valid Pavement Licence, the Council may use its powers under section 7A of the Business and Planning Act 2020 (“the 2020 Act”) to give Notice for any unauthorised furniture on the highway to be removed.

If any such Notice is not complied with, the Council may then use its powers to:

• remove the furniture and store it,
• require the business to pay the Council’s reasonable costs in doing so, and
• refuse to return the furniture until those costs are paid.

If the costs are not paid, or the furniture is not recovered by the business, within the period of 3 months from the date that the Notice is given, the Council may:

• dispose of the furniture by sale or in any other way it thinks fit, and
• retain any proceeds of sale for any purpose it thinks fit.

The Council will also undertake checks of businesses that have a valid Pavement Licence to ensure that the conditions are being adhered to.

If it is found that there are any breaches of the conditions, appropriate enforcement action in accordance with the 2020 Act may be taken. This action may result in a pavement licence being revoked.

If you have any queries regarding Pavement Licences please contact us via email at pavementlicence@northumberland.gov.uk.