Pavement licensing guidance and applications

National conditions

The Secretary of State publishes these conditions in exercise of his powers under the Business and Planning Act 2020:

1. No-obstruction condition

Anything done by the licence holder pursuant to the licence, or any activity of other persons which is enabled by the licence must not have effect on the following activity listed in 3(6) of the Act namely:

          (a) preventing traffic, other than vehicular traffic, from-

          (I) entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway),

          (ii) passing along the relevant highway, or

          (iii) having normal access to premises adjoining the relevant highway,

          (b) preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order,

          (c) preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or

          (d) preventing the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.

Clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of Inclusive Mobility (Gov.UK).

Note:

• In most circumstances 1500 mm clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway.

• Barriers required to separate furniture from the rest of the footway to allow the visually impaired to navigate around the furniture, should have colour contrast and a tap rail for long cane users. In some cases, it may be appropriate to use one or more rigid, removable objects to demarcate the area to which the licence applies, for example wooden tubs of flowers. This will need to be balanced to ensure any barriers do not inhibit other street users, such as the mobility impaired, as such barriers may create a further obstacle in the highway;
• The positioning of furniture should not discourage pedestrians from using the footway. The available route must be entirely clear and not pass through an area with tables and chairs;
• Where possible furniture should be non-reflective and of reasonable substance such that it cannot easily be pushed or blown over by the wind, and thereby cause obstruction. The use of plastic patio furniture is discouraged, unless measures have been taken to ensure it is kept in place.

2. Smoke-free seating condition

Where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must make reasonable provision for seating where smoking is not permitted.

Note: This means that where businesses provide for smokers, customers must also have the option of sitting in a non-smoking area.

Ways of meeting this condition could include:

• Clear 'smoking' and 'non-smoking' areas, with 'no smoking' signage displayed in designated 'smoke-free' zones in accordance with smoke-free (signs) regulations 2012 which can be viewed here.
• No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
• Licence holders should provide a minimum 2M distance between non-smoking and smoking areas, wherever possible.