Pavement Licences and Sitting Out Licences

On 22nd July last year, the Business and Planning Act 2020 ("the Act") received Royal Assent and took immediate effect.

The Act contains provisions that allow applications for Pavement Licences to be granted by the District Council to allow the licence-holder to place removable furniture and other related items over certain highways adjacent to their premises.

This new process introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will support them to re-open and operate safely while social distancing measures remain in place.

The Act also makes provisions for premises that are currently only licensed for the sale of alcohol for consumption on the premises, to be permitted to sell alcohol for consumption off the premises as well.

Relaxation for sale of alcohol for consumption off the licensed premises (off-sales)

The Act provides that premises currently licensed for the sale of alcohol only for consumption on the premises will also be permitted to sell alcohol for consumption off the premises until the terminal hour for on-sales, but with a cut-off point of 11pm.

This is an automatic permission, relaxing the need to apply for a variation of the Premises Licence granted under the provisions of the Licensing Act 2003.  Any conditions that are currently attached to the Premises Licence which may affect off sales, such as ‘off sales only being permitted in sealed containers’ will be suspended until 30th September 2021.

The relaxation which is temporary is subject to certain restrictions:

  • This relaxation does not apply to premises that are authorised to supply alcohol under the authorisation of Club Premises Certificate (eg registered member clubs) – only to those with the benefit of a Premises Licence.
  • Where a premises licence to sell alcohol has been granted, varied or reviewed in the last three years and off-sales were refused or restrictions added to the licence to prevent off-sales, an application for a pavement licence will not be accepted.
  • If the Licensing Authority or Police Authority have concerns about off-sales from a premises then they may instigate an ‘off-sales review’ of the premises licence which may result in the permission for off-sales being removed from the premises licence.

Further information and Government Guidance about this temporary relaxation can be viewed on the Gov.UK website - Business and Planning Act 2020 - Off Sales Guidance.

Pavement licences

Pavement Licences allow the licence-holder to place removable furniture and other related furniture over certain highways adjacent to their premises. A licence is not needed to place tables and chairs etc in an outdoor area if it forms part of the premises e.g. pub/cafe car parks, garden areas etc.

Only premises which are used for either of the following may apply for a pavement licence:

  • public house, wine bar or other drinking establishment; or
  • for the sale of food or drink for consumption on or off the premises

The Act imposes two national conditions which will be automatically be attached to all licences granted or deemed to be granted. These relate to smoke-free areas, and no obstruction of the Highway.

Smoke-Free Area: The Licence-holder must make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area.

No Obstruction:  Where a pavement licence is granted, the Licence-holder must ensure that clear access routes on the highway are maintained, taking into account the needs of all users, including disabled people.

All holders of pavement licences granted by the Council must also comply with the locally set of Standard Licence Conditions [PDF343 KB].  If the proprietor does not comply with them, the District Council may instigate action to have the furniture etc removed and/or revoke the pavement licence.

Before applying for a pavement licence and to avoid any misunderstanding or misinterpretation of the requirements, all applicants are advised to read the Government Guidance on the Gov.UK website.

Use of Council-owned Land - Sitting-Out Licences

Any application received by the District Council, asking for permission to use Council-owned land for the purpose of providing food and drink at tables and chairs outside the premises (outdoor cafe, bar, restaurant/bistro), will be considered in the same way as applications for a Pavement Licence, to ensure consistency and equality.

A Pavement Licence cannot be granted for areas of land that are not classed as highway.  The District Council will consider applications to use land it owns, and if approved, will grant a Sitting-Out Licence with conditions, some of which will be similar to those attached to a Pavement Licence.

Please note that Public Liability Insurance for the use of Council-owned land will be required at £10million.

Applicants for a Sitting-Out Licence are encouraged to ensure that, before applying, they would be able to obtain the insurance cover required, comply with the Standard and National Conditions attached to Pavement Licences/DDDC Council's Sitting Out Licence Conditions, and be able to address any issues raised during the consultation period.

To be clear, the Sitting-Out Licence offered for areas of land owned by the District Council is not governed by the Business and Planning Act 2020, and can be terminated at any time.

How to apply

The Council is currently developing its on-line facility for this application type. The appropriate application form can be downloaded, (see below), and when fully completed it can be emailed to licensing@derbyshiredales.gov.uk with the following supporting documents:

(NB: failure to supply all of the required documents will result in the application being rejected for re-submission when complete).

  • A copy of public liability insurance documents showing how you are covered for this activity on the pavement or Council-owned land.  Please note that Public Employer's Liability Insurance doesn't always cover Public Liability and this is a mandatory requirement for this application.
  • Evidence of the right to occupy the premises e.g. the lease.  In the case of DDDC owned land, approval in principle to apply for a sitting out licence.
  • A detailed image or copy of the public notice you have completed for advertising the application.  A  Notice template for this purpose can be downloaded from the The Application section of this webpage below. A general template for the advert Notice can be downloaded from the Gov.UK website
  • An image showing that the applicant has displayed the public notice  on the pavement (or the area of DDDC owned land) in a visible, and obvious location.
  • A plan or set of plans fully showing the dimensions of the pavement and furniture intended to be placed on the pavement or on area of DDDC owned land).
  • Images or brochure images of furniture and any barriers you intend to place on the pavement. It is a standard condition that barriers will be used to ensure the area licensed can be clearly identified. (standard licence condition 7).
  • A document showing that any gas appliances (if intending to be used) are safe (either a new conformance certificate, or a periodic gas safety inspection certificate).
  • Details of the fire retardant qualities of any fabrics you intend to place on the pavement (soft furnishings and coverings, awning/canopy/umbrella materials)
It would also be advisable to include any measures for ensuring social distancing etc in the COVID Risk Assessment you have already produced for your premises.

Anything placed on the highway must be removed overnight and when the business is not operating so any furniture to be used must be of a design that is capable of being taken away at the end of the day.

A separate no-smoking outside area must be made available for customers. (National Condition).

Only one application can be made for each premises within the determination period.

The Application

The Applicant is required to advertise the application at the premises to allow public consultation.  The Council is required to advertise all applications received on its website. The advertisement period is 7 days, starting with the day after the application has been received by the Council.

Please download and email the completed application as we cannot accept copies by post - the timescale for comments cannot start until the day after the application has been received and the notice at the premises must state the correct end date for comments.

PAVEMENT LICENCE

Download application form for PAVEMENT LICENCE  Application form - WORD version 

Download application form for PAVEMENT LICENCE PDF version [PDF 461 KB]

Download Public Notice Template for PAVEMENT LICENCE (ANNEX B) Notice template [WORD 67 KB]

Download copy of the Standard and National Licence Conditions for PAVEMENT LICENCE (ANNEX A) Standard Licence Conditions [PDF 312 KB]

SITTING OUT LICENCE FOR USE OF DDDC-OWNED LAND

Download application form for SITTING OUT LICENCE Application Form - WORD version [WORD 74 KB]

Download application form for SITTING OUT LICENCE Application Form - PDF Version [PDF 466 KB]

Download Public Advert Notice for SITTING OUT LICENCE   Advert Notice [WORD 66KB]

Download DDDC Standard Conditions for SITTING OUT LICENCE  View DDDC Standard Conditions for Sitting Out Licence [PDF 298KB]

Application Fee

Fees are to be set locally for this licence application, and have been capped by the Government at a maximum of £100.

Last July, Derbyshire Dales District Council resolved to waive any fee for pavement licence applications during the declared temporary period up until the end of September 2021; to help local businesses recover and trade in alternative ways where possible, following the lock-down period of the coronavirus pandemic.

The charging regime will be revisited by the Council, if the pavement licensing regime is extended beyond 30 September 2021.  [NB: In March 2021 - Councils were informed that there are plans to extend the period to 30 September 2022 - further information is awaited).

How will an application be determined?

The application will be checked by the Council’s Licensing Team and the following authorities/agencies will be consulted on the application as standard:

  • Highways Authority at Derbyshire County Council
  • Licensing Team at Derbyshire Police (North Division)
  • Derbyshire Dales District Council's Environmental Health Team

(NB: in some cases it may be necessary to consult with other agencies/authorities)

The period for consultation by the Council, is 7 days, starting with the day after the application has been received by the Council.

Sharing of Information

Applicants need to be aware that the full details of their application and supporting documents submitted will be shared with the above agencies/authorities to enable full consultation, to ensure effective administration of the new licensing regime.

The applicant’s personal details (with the exception of applicant's name) will be redacted from the copy of the application documents that the Council publishes on its website for public consultation. 

Details of pavement licence applications received, pending and determined will be provided at the bottom of this webpage for information.

Grant/Refusal of Licence

If a local authority determines an application before the end of the determination period (which is 7 days, beginning with the first day after the end of the consultation period) the authority can specify the duration of the licence, subject to a minimum duration of 3 months. The expectation is that local authorities will grant licences for 12 months or more unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space.

If you do not hear from the Council after 14 days starting with the day after you submitted an application, then your licence will be deemed granted.  A licence granted or deemed to be granted will not be valid beyond 30 September 2021.

If a licence is ‘deemed’ granted because the authority does not make a decision on an application before the end of the 14-day determination period, then the licence will be valid for a year. However, if, when implemented, a licence that has been deemed granted does not meet the conditions set out in the legislation or any local conditions, it can be revoked at any time on the grounds that it has breached the conditions.

You will be notified within the timescale if your licence application has received objections or has been refused; or whether a  licence could be granted if the application is modified.

Appeals against decision

There is no statutory appeal process for these decisions. 

Enforcement of conditions

If a licence is granted the licence-holder will be required to ensure that any activity carried out on the pavement is safe, protects public safety and that the operation of the business and its customers do not cause a nuisance to neighbouring residents. 

Enforcement action under other legislative powers is still possible even if a valid pavement licence is in place; for example noise pollution and anti-social behaviour. Anything placed on the highway must be removed overnight and when the business is not operating.

Anyone wishing to make comment on an application must do so no later than the end date for comments. Email comments to:
the Licensing Manager at licensing@erbyshiredales.gov.uk

Please Mark subject as URGENT Pavement Licence Comments.

Applications for Pavement Licences received:

Click on links in table below to see application details

Date
Received 
Applicant's Name Location of Proposed Area to be Used End Date for Comments
 27/4/2021 Duncan Kirk
for The Bakewell Tart Company Ltd
T/A The Bakewell Tart Shop


An application has been received for a PAVEMENT LICENCE to use an area of pavement outside the Bakewell Tart Shop, Matlock Street, Bakewell for tables and chairs to allow the consumption of food and drink.

View application form [PDF 1.85 MB]

View images of advert notice, furniture



Wednesday 5th May 2021

Consultation in progress.
26/4/2021 Catherine Maskell for the Lime Lounge Coffee House An application has been received for a PAVEMENT LICENCE to use an area of pavement outside
the  Lime Lounge Coffee House, Bridge Street, Bakewell for tables and chairs to allow the consumption of food and drink.

View application form [PDF 3 MB]

View images of furniture and layout [PDF 1.48 MB]

View Photos of Advert Notice, Furniture and Barrier Style [PDF 2 MB]

Tuesday 4th May 2021

Consultation in progress.
26/4/2021 Ray Cork - for Ranalagh Production Ltd T/A The Horns

An application has been received for a SITTING OUT LICENCE ** to allow customers to consume food and drink at tables sited on decking outside the Horns, 15 Victoria Square, Ashbourne Market Place. (DDDC-owned land).

** A pavement Licence cannot be granted as this land does not form part of the public highway

Plan of ground floor and decking [PDF 685 KB]

view application form [PDF 2.6 MB]

View photo of decking and barriers [JPEG 3.76 MB]


Tuesday 4th May 2021

Consultation in progress.






20/4/2021

Kevin Ridgard, Vibo Trading Ltd - T/A Monk Bar

An application has been received for a PAVEMENT LICENCE to use the area outside the  Monk Bar, 79 Dale Road, Matlock, DE4 4ET to place tables and chairs to allow the consumption of food and drink.

View application form [PDF 1.21 MB]

View barrier type [PDF 44 KB]

View  displayed Notice of Application {JPEG 198 KB]

View photographs of pavement area [JPEG 263 KB]

Tuesday 27th April 2021

Consultation ended.

Application Approved - Pavement Licence being produced.
20/4/2021

(re-submitted information)

Doreen Steggals  on behalf of the Ex-Servicemen's Club 

An application has been received for a SITTING OUT LICENCE ** for an area of DDDC's Market Place in Ashbourne, to allow customers to consume food and drink at picnic benches sited outside the Ex-Servicemen's Club T/A The Haig Bar 

Notice of Application [PDF 49 KB]

Application Form [PDF 755 KB]

Supporting Information [PDF 306 KB]

** A pavement Licence cannot be granted as this land does not form part of the public highway.

Tuesday 27th April 2021

Consultation period ended.

Application approved. Sitting Out Licence being drawn up.
16/4/2021


The Craft Union Pub Co Ltd for

Ye Olde Vaults 21 Market Place Ashbourne


An application has been received for a SITTING OUT LICENCE ** for an area of DDDC's Market Place in Ashbourne, to allow customers of Ye Olde Vaults Public House to consume food and drink at picnic benches sited in front of the premises. 

** A pavement Licence cannot be granted as this land does not form part of the public highway.

Notice of ApplicationDonald2021 [PDF 84 KB]

Application form [PDF 1.52 MB]

Pavement Plan [PDF 550 KB]

Photographs [PDF 2.26 MB]

 Wednesday 21st April 2021

Consultation period ended.

Application approved. Sitting Out Licence being drawn up.
13/4/2021


Anneka Yeomans

T/A The Little Shed Ashbourne Ltd


An application for a Pavement Licence has been received to all the siting of tables and chairs on an area of Pavement outside the Little Shed Cafe and Gift Shop, 1 King Edward Street, Ashbourne

View Application [PDF 1.5 MB]

View photographs [PDF 685 KB] - furniture style and proposed pavement area

Notice of Application [PDF 668 KB] displayed at premises

Tuesday 20th April 2021


Consultation period ended.



PAVEMENT LICENCE GRANTED
to expire 30/9/2021

13/4/2021


Alex Eleftheriou

Market Place Fish Bar

An application has been received for a SITTING OUT LICENCE ** for an area of DDDC's Market Place in Ashbourne, to allow customers to consume food and drink at picnic benches sited in front of the Market Place Fish Bar on Ashbourne Market Place.

** A pavement Licence cannot be granted as this land does not form part of the public highway

Notice of Application [Image 5.13MB]

View Application [PDF 555 KB] 

View photographs of area proposed [PDF 1.5 MB]

Tuesday 20th April 2021

Consultation period ended.

Application approved. Sitting Out Licence being drawn up.
10/4/2021

Eve Barrett
The Tor Cafe 

 An application has been received for a SITTING OUT LICENCE ** for an area of land and a dis-used bus stop outside The Tor Cafe, 51 Derby Road, Cromford, the provision of tables and seating for customers to consume food and drink.

** A pavement Licence cannot be granted as this land does not form part of the public highway

 View complete application [PDF 864KB]

Saturday 17th April 2021.

Consultation period ended.

Application approved. Sitting Out Licence being drawn up..

3/4/2021
accepted 8/4/2021

Peter McKenna
for the White Swan


An application has been received for a SITTING OUT LICENCE ** for an area of DDDC's Market Place in Ashbourne, to allow to allow customers to consume food and drink at picnic benches sited outside the White Swan, Ashbourne Market Place. 

** A pavement Licence cannot be granted as this land does not form part of the public highway. 

View application [PDF 508 KB] (revised to reduce the number of benches proposed and the area in which they would be sited)

View photograph of proposed layout [PDF 1.6MB]

Revised plan of proposed layout of seating etc [PDF 423 KB] (reduction in number of picnic benches and area to be used)


Thursday 15th April 2021



Consultation ended.


Application Granted - Sitting Out Licence being drawn up



 3/4/2021



Andrew & Samantha Bunting 
The King's Head

An application has been received for a PAVEMENT LICENCE to use the area outside the King's Head, 62 Yeoman Sreet, Bonsall, DE4 2AA, to place 
2 trestle tables and 12 stools to allow the consumption of food and drink.

View application form [PDF 588KB

View photograph of outside area [PDF 186KB]
10th April 2021

APPLICATION REFUSED.

26/3/2021

Lee Scott-Richards
Saint Betti Mercia

An application has been received for a PAVEMENT LICENCE to use the area outside Saint Betti (formerly Mercia), 3-5 Market Place, Wirksworth, DE4 4ET to place tables and chairs to allow the consumption of food and drink.

View application form [PDF 9KB]

View layout plan [PDF496 KB]

View proposed furniture type [PDF380KB]
2nd April 2021

PAVEMENT LICENCE GRANTED
to expire 30/9/2021

25/3/2021

Stephen Bradshaw

An application has been received for a PAVEMENT LICENCE to use the area outside Ricci's Fine Italian Food, 10 Water Street, Bakewell, DE45 1ES to place tables and chairs to allow the consumption of food and drink.
 
View application form [PDF 4MB]

View photo of street view [PDF 832KB]

view photos of proposed furniture and location [PDF 833 KB]


1st April 2021

PAVEMENT LICENCE GRANTED
to expire 30/9/2021




19/3/2021



David & Nicola Riley  Bramhall's Deli & Cafe


An application has been received for a PAVEMENT LICENCE to use of pavement area outside Bramhall's Deli & Cafe, at 20-22 Market Place, Buxton Road, Ashbourne, DE6 1ES.

The application is to place bistro style tables and chairs on the pavement area, outside the premises to allow their customers to consume food and drink.

View application [PDF 4MB]

image of proposed furniture [PDF 276 KB]

The area will be cordoned off with barriers.
image of barriers [PDF 179 KB]

Proposed layout of area [PDF 1.03 MB]
There will be a separate section of the area to accommodate customers who wish to smoke.


26th March 2021



PAVEMENT LICENCE GRANTED
to expire 30/9/2021



11/3/2021

Stephen Bull for Bully's Ltd 
T/A The Wheel Inn

Temporary use of pavement area outside the Wheel Inn, 3-5 Compton, Ashbourne, DE6 1BX for the sale and consumption of food and drink. 

An application for a PAVEMENT LICENCE has been received to place tables and chairs on pavement outside the Wheel Inn, Compton, Ashbourne - with 3 tables and 10 chairs each in 2 areas - one of which will be to accommodate customers wishing to smoke.

View advert notice [PDF 534 KB]

Application [PDF 1.61MB]

Photograph of proposed furniture [PDF 1.79 MB]

Photograph of proposed layout [PDF 1.53 MB]

Photograph of proposed barriers [PDF 179 KB]
18th March 2021


PAVEMENT LICENCE GRANTED
to expire 30/9/2021


19/2/2021

Lorraine  Mountford

Temporary use of area at Scarthin Promenade next to the Boat Inn, Cromford and opposite the Post Office, for sale and consumption of food and drink.

An application for a SITTING OUT LICENCE has been received to  allow the erection of a Marquee and use of 10 x 6 seater tables and benches, plus 12 single seats to be placed on Scarthin Promenade next to the Boat Inn.

Application Form - public register copy [PDF 329 KB]

Advert Notice [PDF 5.5 MB]

Image 1 of area of promenade [PDF 179 KB] 
Image 2 - style of furniture and railings [PDF 160 KB]
Image 3 - location of area of land {PDF 135 KB]

12th March 2021

Permission to use DDDC-owned land

Sitting-Out Licence GRANTED
to expire 30/09/2022
30/10/20

Christine Franklin

An application for a PAVEMENT LICENCE has been received to place tables and chairs in the parking bay outside  - Flossy's,  3b Market Street, Bakewell, DE45 1HG.

Application Form - public register copy [PDF 1.19 MB] 

Advert Notice [WORD 587 KB]

Image of parking space area [WORD 608 KB]

Photograph of style of furniture proposed [WORD 999 KB]

This application is specifically to use the parking spaces directly outside Flossy's (cafe) and adjoining premises, to site 5 small tables and chairs for consumption of food at drink, on Market Day Mondays, from 9:05am until 6pm only when the road is closed to traffic.

Friday 6th November 2020


PAVEMENT LICENCE GRANTED 

to expire 30/9/2021

 21/8/2020

Marston's Brewery


An application for a PAVEMENT LICENCE has been received to place tables and chairs on the grassed verge to the front of the premises.

Application - The Eyre Arms, Calver[PDF 109 KB]


Area of Land [PDF 251 KB] grassed verge to front of the premises beyond the premises boundary wall.

Friday 28th August 2020

PAVEMENT LICENCE GRANTED 
to expire 30/9/2021


13/8/2020

Andrew Morris - Devonshire Hotels

Pavement Licence Application - The Devonshire Arms, Beeley. [PDF 1.95 MB]
Area outside front of premises infront of boundary/terrace wall. Actual highway.
Thurs 20th August
2020.

APPLICATION WITHDRAWN

12/8/2020

Susan Micallef

T/A The Flower Cafe

An application has been received for a Sitting Out Licence to use an area of Ashbourne Market Place to place tables and chairs to allow the consumption of food and drink.

Pavement Licence Application - The Flower Cafe [PDF 1.6 MB]


The Flower Cafe 5 Market Place, Ashbourne, DE6 1EU
Area of Market Place to side of premises.

This area of land is not Highway - therefore does not qualify for a Pavement Licence under the provisions of the Business and Planning Act 2020.
Wed 19th August 2020.

Permission to use DDDC-owned land.

Sitting-Out Licence GRANTED to expire 30/9/2021.
5/8/20

Mark Grist

Pavement Licence Application - Smith's Tavern [PDF 2.09 MB]  36 St John Street, Ashbourne, DE6 1GH
Area of pavement outside the front of the public house abutting directly onto the highway.

Wed 12th August 2020. 

APPLICATION REFUSED.
5/8/20

Walter Scott Pavement Licence Application [PDF 3.2 MB] - The Queen's Vaults, 6 Market Place, Ashbourne, DE6 1ES.

On pavement area outside the Queen's Vaults, and area further along the pavement.

Wed 12th August 2020.

PAVEMENT LICENCE GRANTED
to expire 30/9/2021

31/7/2020

Joanne Fitchew

Sitting Out Licence Application - The Feather Star [PDF 5MB]

Area of land behind the Feather Star at 15 St John Street Wirksworth, DE4 4DR, the community square area in front of the Church.

This area of land is not Highway - therefore does not qualify for a Pavement Licence under the provisions of the Business and Planning Act 2020.

An application has been determined for a Sitting Out Licence. 

Fri 7th August 2020.

Permission to use DDDC-owned land

Sitting-Out Licence GRANTED
to expire 11/11/2020

Licence has EXPIRED.