Pavement Licence Update

Joe Madigan explains the latest update on the pavement licensing regime.

In a recent article, we explained that 2024 would be the year in which the pavement licence provisions, set out in the 2020 Business and Planning Act, would become permanent. This new regime has now been confirmed by the Department for Levelling Up, Housing & Communities, with  the commencement of the provisions within the Levelling Up and Regeneration Act 2023 (LURA 2023) on 31^st March 2024

The previous legislation had been created  as a temporary means to help establishments to adapt during the COVID-19 pandemic, however LURA 2023 has now created a permanent application process moving forward.

Many of the previous measures and provisions will now remain moving forwards, with some key adjustments made to the initial model outlined below:

• The fee cap for these applications will now increase from £100 to £500 for first time applications. However, the cost of renewal applications will be capped at £350.
• Licensing authorities will now be able to grant pavement licences for a period of up to two years, and the use of this full time period will be encouraged unless there are specific reasons against this in any particular circumstances.
• The consultation and determination periods will be increased from 7 days to 14 days each, so the full process will now take up to 28 days from submission to grant.
• Licensing authorities will also have significantly improved powers of enforcement. These will include the ability to amend a licence, with the consent of the licence holder. Further, they will have the authority to remove and store outdoor furniture, at the cost of a premises, if they operate in contravention of or in the absence of a licence following notice from the authority.

All pavement licences applied for from now, will  be granted solely under  LURA 2023 and the hope is that this will streamline the process.

In this period of transition between the regimes, arrangements are in place for licences already granted under the BPA 2020. Operators with existing licences granted under the previous regime can retain those until their expiry date, and will be able to apply to renew those licences under the new legislation. Existing licences with no fixed expiry date will be extending, giving them an expiry date of two years following the commencement date of  LURA 2023.

All licences, whether granted before and after the commencement date, will be subject to the new enforcement powers available to the local authorities.

If you wish to discuss this new legislation, or are interested in applying for or renewing a pavement licence please contact our Licensing team on 0161 832 3434.