Licence - Pavement Licence
Basildon Council grants pavement licences in order to help businesses selling food and drink to recover, as lockdown restrictions are lifted but social distancing guidelines remain in place.
The Business and Planning Act 2020 includes temporary measures to support businesses selling food and drink through economic recovery as lockdown restrictions are lifted but social distancing guidelines remain in place.
While cafes, pubs and restaurants are permitted to open, current social distancing guidelines will have considerable impact on the capacity to accommodate customers. The measures in the Act are designed to support businesses selling food and drink for consumption on or off the premises such as cafes, pubs and restaurants by introducing a temporary fast-track process for these businesses to obtain permission, in the form of a pavement licence which permits removable furniture to be temporarily placed on the highway adjacent to the premises. "Furniture" includes serving food or drink, tables and chairs and articles such as umbrellas, barriers and heaters.
This furniture is required to be removable, which in principle means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.
Basildon Council also expects the type of furniture to be 'in keeping' with the local area, particularly in relation to any conservation area.
This is a streamlined process to support businesses that will be available until 30 September 2021.
Eligibility - Businesses that can apply
You can apply for a licence if you:
- have the necessary permissions if you intend to sell alcohol
- ensure that clear access routes on the highway are maintained
To submit an application
To submit an application please complete the online form:
Standard, national and smoke free seating licence conditions and application guidelines
Before submitting an application please read all the licence conditions and application guidelines. See...
- Pavement Licence - Standard conditions, national conditions and smoke-free seating conditions
- Pavement Licence - Important guidance for applicants
Payment and processing of applications
- Your application will be subject to a period of consultation during which any person, who lives in the borough, or has a business interest here, can submit a representation to Basildon Council objecting to your application. See Licensing - List of recent Premises, Club or Pavement Licence applications.
- We will tell you whether your application is successful within 14 days of receiving your application.
- A pavement licence will generally only be valid between 09:00hrs and 21:00hrs
- Where a licence is deemed to have been granted, it is also deemed to include any conditions published by the Secretary of State, and the local authority.
Additional documents you must include with your application
You must include the following documents with your application: (photocopies and scanned copies will be accepted. If you send us any original documents these will be returned to you).
- a plan showing the location of the premises shown by a red line, so the application site can be clearly identified;
- a plan clearly showing the location of the current boundary of the premises and the proposed area covered by the licence in relation to the highway, if not to scale, with measurements clearly shown. The plan must show the positions and number of the proposed tables and chairs, together with any other items that the applicant wishes to place on the highway. The plan shall include clear measurements of, for example, pathway width/length, building width and any other fixed item in the proposed area;
- evidence of the right to occupy the premises (e.g. the lease);
- photos or brochures showing the proposed type of furniture and information on potential siting of it within the area applied;
- reference of any existing pavement licence currently under consideration by the local authority;
- a copy of a current certificate of insurance that covers the activity for third party and public liability risks, to a minimum value of £5 million, and
- any other evidence needed to demonstrate how the Council's local conditions, and any national conditions will be satisfied.
Decisions on applications
Once your application has been accepted you will be sent a public notice to display at your premises for 7 days. You will be asked to provide photographic evidence that the notice has been displayed.
We will send a copy of your application to the Essex County Council Highways Department, Essex Police, Planning, Environmental Health and any other party we consider is appropriate.
After 7 days we will then use any feedback we receive to consider your application and notify you of our final decision within the following 7 days.
Basildon Council may grant or reject your application. We may also grant your application but make changes or add conditions to the permitted purposes or area to be used. We will issue granted licences electronically and these will be subject to the council's standard conditions.
You do not have a statutory right of appeal against a decision of the council under this act. You can challenge the decision through a legal route in the courts which is called a judicial review. The council also operates a compliments, feedback and complaints policy.
Further information and enquiries
- GOV.UK - Making your service accessible: an introduction - designing good access for disabled people.
- GOV.UK - Working safely during coronavirus (COVID-19) - Restaurants offering takeaway or delivery - reopening your business safely during coronavirus
- GOV.UK - Government outlines support for pubs, cafes and restaurants - information about licensing of outdoor drinking and dining
Enquiries please to The Licensing Authority. See contact details below...