Propel Legal Briefing: 'The road ahead for pavement licensing' by Luke Elford

First appearing for Propel Hospitality in their Legal Briefing on 9th October 2024.

The road ahead for pavement licensing by Luke Elford

Amid the buzz of party conference season, the awful weather and chatter about which politicians received free clothes, 30 September passed by almost unnoticed. I’m willing to bet most people wouldn’t know why that date matters, and no, it wasn’t my birthday or my wedding anniversary.

30 September was actually a significant date for the pavement licensing regime. It marked the long-awaited shift from the “temporary” system introduced during covid (which had been extended several times) to the new “permanent” system that we’ll be using moving forward.

This permanent pavement licence process simplifies how businesses can quickly secure permission to set up removable furniture, like tables and chairs, outside cafés, bars and restaurants. This initiative opens up exciting possibilities for alfresco dining and drinking, particularly for venues with limited outdoor space.

During the pandemic, when seating restrictions were in place, this approach proved invaluable by giving establishments more opportunities to enhance their outdoor offerings and actually get customers through the door during a complex and difficult trading time.

At John Gaunt & Partners, we represent a large number of clients, many of whom have made good use of the pavement licence provisions both during the pandemic and beyond. Using the knowledge and tactics we have perfected by successfully submitting all those applications on time, I wanted to share some insights we’ve gained about how the process works, and also put forward some suggestions of what we hope to see as the regime develops.

A special thanks to my colleague, Karen Lush, who handled the majority of these applications and provided invaluable knowledge on what’s working and what’s not, as well as being instrumental in helping me write this piece. She is a pavement licensing mastermind and a great asset to the team.
You might assume that, given the pavement licensing regime was introduced in 2020 under the Business and Planning Act, councils would now have slick and efficient systems in place for these applications. However, based on our experience, this is far from the case.

Requirements, processes and procedures still vary significantly around the country. Some councils have set up online portals to allow the submission of pavement licence applications for multiple clients. Unfortunately, these portals are often unnecessarily tricky to navigate and are not particularly user-friendly.

Despite the government’s pavement licence guidance, which suggests that “to help support local businesses and give them more certainty, the expectation is that local authorities are pragmatic and will grant licences for the maximum two years”, we’ve actually seen licence durations vary quite considerably across different areas.

During a training session I delivered on pavement licences for the Institute of Licensing, only one of the local authorities represented was issuing licences for the full two years. Most were only granting licences for six months at a time. Given that it can take up to 28 days to process a pavement licence application, businesses will need to stay on top of their paperwork and keep track of when councils are granting applications – not ideal for operators already juggling so many other licensing considerations.

Another interesting twist in the pavement licence regime is that councils have the freedom to set their own application fees up to the statutory maximums (£350 for renewals and £500 for new applications, up from a flat £100). I doubt it will surprise anyone to learn that most councils have rushed straight to the maximum fees allowed by law.

In terms of the application requirements, it doesn’t get any better there either. It’s real pot luck and a bit of a postcode lottery. There is a notable lack of consistency across councils. Some require very detailed drawings, while others only ask for a simple layout plan. Some demand comprehensive risk assessments for outdoor areas, whereas others just want a brief acknowledgment that risks have been considered. 

It would have been helpful if the government had established a standard set of requirements nationwide, similar to those under the Licensing Act 2003, instead of leaving us (both operators and solicitors alike) to deal with this ad hoc approach.

Overall, councils have become significantly stricter with applications leading up to the permanent pavement licensing date of 30 September this year, compared with previous periods. We have noticed that applications are now undergoing more thorough scrutiny, making the process more time-consuming for businesses – an unwelcome development given the broad spectrum of other challenges we face on a daily basis.

I’m hopeful that, over time, things will settle down, processes will be streamlined and requirements will become more uniform. However, for now, we’re left with a patchwork of systems across the country, along with what seems to be a reluctance to simplify matters. I truly hope that will change.

In light of these challenges, I’ve put together some tips and tricks for you, which I’ve outlined below:

Mark your renewal dates in your calendar: Then add reminders for six weeks and ten weeks prior. You’ll need to submit your application by the six-week mark, and the ten-week reminder is when you should start getting things in motion.

Check the council’s list of requirements on its website: After that, double-check these against the application process and consider calling the council to confirm. We’ve found that some requirement lists only provide part of the picture.

Display your notices as soon as the application is submitted: Given the timelines for these applications, you really can’t afford to have any delays.

Set a reminder for the end of the consultation period, which is 14 days from a valid application: This is the time to reach out to the council and check if any objections have been raised. Keep in mind that councils have an additional 14 days after the consultation period ends to make a decision on applications.

If all this seems overwhelming, don’t hesitate to give us a call: We’re here to help take the burden off your shoulders!

Navigating the pavement licence process may be complex, but with the right preparation and support, you can successfully manage your application and renewals – and just remember that we are always here to help.Luke Elford is a partner at John Gaunt & Partners