Pavement Licences

On 22^nd July 2020 the Government enacted new temporary legislation giving powers to local authorities to administer licences for the placement of removable furniture over certain areas of highway adjacent to premises used for certain purposes.

The following links provide helpful information about Pavement Licences, and access to the following key documents that you will need:

• Burnley BC Guidance and Conditions

• Burnley BC Application Form

• Burnley BC Site Notice Template

Attention is drawn to the two National Conditions incorporated into the legislation, which are:

1. No obstruction – requirement for minimum widths of footway to remain available for pedestrian traffic

2. Smoke free seating – requirement to make reasonable provision for smoke-free seating

Any licence applications will need to meet these conditions, and other conditions detailed in the Burnley Borough Council Guidance and Conditions document which applicants are strongly recommended to familiarise themselves with and take account of in making their application.

It is recognised that in many locations the physical layout of the highway means that the National "No Obstruction" Condition cannot be met.  In some of these locations however, it may be possible to design and implement additional measures to satisfactorily resolve the problem.  Where possible, the Council is committed to working with businesses and the highway authority to identify and agree measures that would satisfy the highway requirements and make a licence application viable.  It is important that this happens before an application is made so that any agreed measures can be considered as part of the application.  To discuss any need for additional measures please make contact via email as follows:

Padiham  ksmith@burnley.gov.uk

Burnley   andrew.dean@groundwork.org.uk

The charge for Pavement Licence applications concerning premises within the Burnley Borough is £25 (unless exempt as below).  Proof of payment is required as part of the application.  Details of how to pay can be found on the last page of the Application Form.

Applicants who are in charge of Business Rates Relief under one of the following schemes are exempt from the application charge:

• Small Business Rates Relief
• Discretionary Business Rates Relief
• Mandatory (Charitable) Relief.            

Applications must be made by email using the following email address: pavementlicence@burnley.gov.uk

Applications must include:

1. The application form

2. A detailed plan to show the area for which the licence is sought and its relationship to adjacent buildings and features. The plan should be a metric scale of 1:50 or 1:100 and the main dimensions should be clearly stated. It should show the layout of the area sought including details of where the furniture will be placed. Where the application relies on Lancashire County Council traffic regulation orders for prohibition of waiting/loading and/or driving, so that alternative safe provision for pedestrians can be made in the carriageway, the application should include a copy of the legal order, a dimensioned plan showing the layout of signs and barriers, and the specification of the signs and barriers proposed;

3. Literature/details/photographs of the furniture/equipment to be used;

4. Proof of payment of the £25.00 fee (unless exempt);

5. Proof of Public Liability Insurance against all claims, injuries or accidents, with cover up to £2 million;

6.  Photograph of the site notice that is affixed to the premises;

ANY INCOMPLETE APPLICATIONS WILL BE RETURNED AS “NOT PROPERLY MADE”.

 

USEFUL LINKS

Link to: Legislation as enacted

Link to: Latest Government Guidance  

Application Form In Microsoft Word - Click Here

Application Form in PDF - Click Here

Template Site Notice in Microsoft Word - Click Here

Template Site Notice in PDF - Click Here

Pavement Licence Guidance and Conditions in PDF - Click Here