Pavement Licences allow the licence holder to place removable furniture over certain highways adjacent to their premises. A pavement licence is not required to place tables and chairs on your own premises e.g. in car parks, garden areas etc.
Premises which are used for either of the following may apply for a pavement licence:
- a public house, wine bar or other drinking establishment; or
- for the sale of food or drink for consumption on or off the premises.
To apply for a pavement licence, please complete the online application form - Pavement Licences Application Form
Application forms can only be accepted via the online application form. Any supporting documents must be emailed to the Licensing Department at firstname.lastname@example.org immediately after submission of the online application form. Your application is not valid until all documents and the fee have been received by the Licensing Authority.
A fee of £100 is payable. This can be paid at www.southderbyshire.gov.uk and clicking pay online. Alternatively, payment can be made over the telephone by calling 01283 221000.
Once you have submitted your application, you must complete the attached notice (doc, 32kb) and place on your premises on the day of submission for a period of 7 days. The notice should be displayed so it can be viewed by members of the public not on your premises. Checks will be carried out by Officers to ensure the notice is displayed. Failure to display the notice will result in your application being withdrawn.
All pavement licences must comply with these standard conditions (docx, 78kb). If you don’t comply with these conditions, the Licensing Authority can take action to remove furniture from the highway and/or revoke your pavement licence including recovering any costs incurred by the Licensing Authority in ensuring compliance with the licence conditions.
Before you apply, you should read the guidance which can be found on the Government website.
You will need to ensure you have the following in place before applying for a licence:
- A copy of your public liability insurance documents showing how you are covered for this activity on the pavement for up to £5 million.
- A plan or set of plans fully showing the dimensions of the pavement and the location of the furniture you intend to place on the pavement including the designated smoking and non-smoking areas.
- Images or brochure images of furniture and any barriers you intend to place on the pavement.
All licences will normally be valid until 30th September 2021, unless the legislation is amended or revoked within that period, or where there are future restrictions on the use of the highway by the Highways Authority.
It will be your responsibility to ensure that all the information required is provided, and any documents to supply are clearly readable. If there is any missing information or the information is illegible, your application will be rejected. Your application is not deemed valid until all supporting documents have been submitted and the application fee paid.
Applications will be available for public consultation and shared with:
- Highways Authority;
- Derbyshire County Council;
- Derbyshire Police;
- Planning Department;
- Community Safety Department;
- Economic Development Department; and
- Environmental Health Department.
Applicants should be aware that all details on their application and documents submitted will be shared with the above agencies to enable full consultation with statutory partners, and in the interests of ensuring effective administration of the licensing scheme. Redacted versions will be published for public consultation.
Only one application can be made for each premises within the determination period.
If you do not hear from the Council after 14 days starting with the day after you submitted a valid application with all supporting documents and fee of £100 then your licence will have been automatically granted.
You will be required to ensure that your activity on the pavement is safe, protects public safety and that you and your customers do not cause a nuisance to neighbouring residents. Enforcement action under other legal powers is still possible even if you have a valid pavement licence and your premises licence may be at risk if your breach any conditions. Anything placed on the highway must be removed overnight and when the business is not operating.