Jamie Childs, specialist planning and licensing solicitor at Howes Percival, discusses the latest position on pavement licences.
Fast track pavement licences were introduced during the Covid-19 pandemic in July 2020 as a temporary measure to make it easier for those in the hospitality sector to continue to trade during the pandemic.
A pavement licence authorises the placing of tables and chairs outside premises to allow the licence holder to sell or serve food or drink connected to the associated premises – and for those consuming such food and drink to do so.
Helpfully, a pavement licence also deems planning permission to be granted for anything done by a licence-holder under the licence for its duration.
Together with the innovative response of much of the hospitality sector in altering their offering to continue to trade during the pandemic, the granting of pavement licences has undoubtedly changed how our town and city centres are experienced in recent years.
When they were first introduced, the pavement licence regime was due to end on September 30, 2021. This expiration date has been altered a number of times, and as things stand no pavement licence may be granted for a period beyond September 30, 2023.
Now the Levelling-up and Regeneration Bill, which was first introduced in May 2022 and continues to work its way through parliament, looks likely to make the pavement licence regime a permanent fixture.
As part of making the changes envisaged by the bill, the fee payable for a pavement licence application would rise from £100 to £350 for those who already hold a pavement licence and £500 for those who are new applicants. The bill also proposes that the maximum duration for a pavement licence will increase from one year to two years.
At present, the bill is not moving through parliament particularly quickly, and it may be some months before this becomes law. However, it certainly appears that pavement licences are here to stay.
For hospitality businesses that may be planning their spring and summer seasons once the festive period has concluded, it would be prudent at that time to review when their current pavement licence expires to see if it needs renewing.
If they do not currently have a pavement licence, they would be wise to consider whether securing such a licence would benefit the business.
For more information on licensing or planning law issues, please contact Jamie Childs at jamie.childs@howespercival.com
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