Business and Planning Act 2020

The Business and Planning Act 2020 was granted Royal Assent on 22 July 2020 and took immediate effect. Since then, the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 came into force on 20 July 2021. This act permits businesses to obtain a licence which can remain in place for a minimum period of 3 months or for a period not exceeding 30 September 2022.

A pavement licence allows the licence-holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made.

This is a streamlined process to allow businesses to obtain a licence which can remain in place for a minimum period of 3 months or for a period not exceeding 30 September 2022. Where a pavement licence is granted, clear access routes on the highway will need to be maintained, taking into account the needs of all users, including disabled people.

Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops and ice cream parlours.

The government have produced some Guidance  which provides some helpful information which we would recommend you having a read through.

Please see the enquiry letter which explains:

  • the application process
  • the P01 application form
  • the P02 notice
  • the conditions

In order to continue to support businesses, this Licensing Authority has determined not to charge for this particular licence.

Premises who hold an existing Pavement Licence 

The Secretary of State has now used the enabling power in the Business and Planning Act 2020 to extend the duration of the temporary pavement licence provisions for 12 months to 30th September 2022. This means that businesses can now apply for a licence to be in place within this extended period, up to 30th September 2022.

If a premises holds an existing Pavement Licence, there is no option to renew this licence and it therefore expires on the 30th September 2021 (or otherwise, as stated on the granted Pavement Licence). Therefore, a new Pavement Licence Application must be made if a premises still wishes to place removable furniture over certain highways adjacent to the premises beyond 30th September 2021. This new/further licence will allow businesses to obtain a licence which can remain in place for a minimum period of 3 months or for a period not exceeding 30 September 2022.

    Covid-19 Information from Health Protection  

    When applying for a pavement licence you will need to consider how you will ensure you are complying with government guidance on the control of covid-19. Below are some of the main areas you will need to consider: 

    • Make sure you are familiar with the latest Government Guidance for restaurants, pubs, bars and takeaway services.
    • Ensure that you have completed a covid-19 risk assessment and updated it to include any additional risks associated with the provision of outside tables and chairs. You can find more information on completing a risk assessment on the HSE Website .
    • Ensure that you have provided sufficient space between the tables and chairs in line with the current Government guidance on social distancing between staff and customers.
    • Ensure that you have procedures in place to protect your staff and enable them to socially distance themselves from customers and other staff.
    • Surfaces such as trays, chairs, menus, card machines, trays etc must be cleaned in between customers.
    • You must ensure that outdoor gatherings do not exceed the current restrictions of number of people and number of households.
    • Calculate the the maximum number of people you can seat in your outside area while still maintaining social distancing and manage these numbers to ensure they are not exceeded. 
    • Provide clear guidance on social distancing and hand hygiene to customers, encouraging customers to wash their hands or use hand sanitisers. 
    • Customers os staff who have covid-19 symptons or live with someone with symptoms should remain at home and follow Government guidance on self-isolating.
    • In order to suport the NHS track and trace system the current requirements for premises must be adhered to.
    • Consider the cumulative impact of other adjacent venues providing outdoor seating and ensure there is sufficient spacing provided to enable social distancing. 

    If you require further advice or guidance please contact HealthProtection@chichester.gov.uk.