Further information about temporary pavement licences for businesses
What happens after you make a complete application?
Once your application form, supporting documents and fee have been received from the following day you will need to display the notice on your premises in a prominent and clear position for five days.
This allows for any interested parties to make representation to the licencing team for our consideration, during this time consultation will also take place with the following list of consultees.
After the advertising of your application ends we have a further five day maximum to determine your application if your application is not determined in this time your licence is deemed as granted as applied for and is valid until 30 September 2021.
Will you definitely be allowed to place tables and chairs out on the highway?
No. Due to the diversity of Rotherham town and village centres every request for a pavement licence will need to be assessed on a case by case basis.
There will need to be a full consultation of such matters as below. This list is illustrative and not exhaustive:
- Is the highway suitable for tables and chairs - will the surface material be safe to use?
- Will the placing of tables and chairs on the highway cause difficulties in queuing to you shops or will it prevent people being able to maintain social distancing when the roads and paths are narrowed or obstructed?
- Will the tables and chairs in a set location cause safety implications for the public including the visually impaired and disabled?
- If two premises are adjoining one another and they both want to place tables and chairs out how can they work with social distancing?
- Does the premise have any restrictions on their premises licence that may prevent the use of an outside area?
- Does the premise have another external area they can use instead of the highway?
We cannot say that all premise locations will be suitable for placing furniture on the street. Consultations with the Council's planning and highways teams will also be part of this process.
Will you be considered for a pavement licence if you only sell alcoholic drinks and no food?
Yes. Any premises that sells food and/or drink for customers to consume on their premises is eligible to apply for a pavement licence to use highway land to place outside additional furniture.
Will you be able to allow alcohol in the outside area?
| No | If no licence for the sale of alcohol under the Licensing Act 2003 is in place |
|---|---|
| Yes | If you hold a valid premise licence for the sale of alcohol for either ‘on and off sales’ or ‘on sales’ only |
| If you obtain a Temporary Event Notice from the Council |
The Business and Planning Act 2020 introduced ‘off sales extension’ - this means that all licenced premises that currently do not have ‘off sales’ on their licence or have ‘off sales’ on reduced hours on their licences can now provide ‘off sales’ too. This allows for people to consume the alcohol purchased at a premise in an outside area on the highway land up until either 11pm or earlier if the existing licence permissions end before 11pm.
There will be an automatic right, except if you fall into any of the below groups - then you will not be entitled to use this extension:
- in the last three years (as of 22 July 2020) had a premise licence application for ‘off sales’ refused
- In the last three years (as of 22 July 2020) varied your premise licence to remove ‘off sales’, or had an application to vary your licence to add ‘off sales’ refused
- in the last three years (as of 22 July 2020) had a licence modified by review to have ‘off sales’ removed or conditions added to prohibit ‘off sales’
See the Government guidance for temporary alcohol licensing provisions
What conditions will be attached to the licence?
The document shown below shows Rotherham Metropolitan Borough Council's local conditions under the Business and Planning Act 2020. In addition there are two national conditions which will apply to all licences.
When granting a pavement licence, the licensing team can also add additional bespoke conditions should these be deemed necessary.
See the conditions attached to pavement licences
When will your pavement licence be valid until?
Pavement licences will automatically expire on the 30 September 2021, unless the Government grants an extension to 31 March 2022.
Who enforces pavement licences?
Pavement licences are regulated by the Council's highways team.
All pavement licences are issued with restrictions on how many tables and chairs can be placed on the highway and at what time they must be removed from the highway, which is stated in the licence.