The proposed Business and Planning Bill has now passed thorough the houses of Parliament and may have an impact on your business until the end of September 2021.
There are two key areas that we would like to take this opportunity to make you aware of:
Premises Licence - Off Sales
If your premises licence authorises on-sales on the day on which the Act comes into force then until the 30 September 2021 your authorisation will automatically be amended to allow you to also provide off-sales.
In addition, any conditions attached to your authorisation which may affect off sales, such as ‘off sales only being permitted in sealed containers’ will be suspended for the duration of the specified period.
The only exception in respect of off-sales will be if your licence has been granted, varied or reviewed in the last three years and off-sales were refused or restrictions added to your licence to prevent off-sales.
Should the Licensing Authority or Police have concerns about off-sales from a premises then they may instigate an ‘off-sales review’ which may result in the permission for off-sales being removed from your licence.
Additional information and guidance can be found on the Government website.
Please note: this change does not apply to premises that operate under a Club Premises Certificate.
Pavement Licences allow the licence-holder to place removable furniture over certain highways adjacent to their premises. You do not need a pavement licence to place tables and chairs on your own premises e.g. in car parks, garden areas etc.
Premises which are used for either of the following may apply for a pavement licence:
- a public house, wine bar or other drinking establishment; or
- for the sale of food or drink for consumption on or off the premises.
To apply for a pavement licence you will be required to register for an account with us via the Council’s website and we will only accept applications via the Council’s self-service portal.
All Pavement Licences must comply with these standard pavement licence conditions (.doc | 200kb). If you don’t comply with these conditions the Council can take action to remove furniture from the highway and/or revoke your Pavement Licence.
Before you apply, you should read the guidance which can be found on the Government website.
You will need to ensure you have the following ready to upload:
- A copy of your public liability insurance documents showing how you are covered for this activity on the pavement.
- An image showing your public notice you have placed on the pavement in a visible, and obvious location, showing the area you have placed it in.
- A detailed image or copy of the public notice you have placed.
- A plan or set of plans fully showing the dimensions of the pavement and your furniture you intend to place on the pavement.
- A document showing that any gas appliances you intend to place are safe (either a new conformance certificate, or a periodic gas safety inspection certificate).
- Images or brochure images of furniture and any barriers you intend to place on the pavement.
- Details of the fire retardant qualities of any fabrics you intend to place on the pavement (soft furnishings and coverings, awning/canopy/umbrella materials).
You will not be able to apply for a licence without confirming that you have these (if applicable). If you make a false statement in your application, it will be refused.
All licences we grant will normally be valid until 30th September 2021, unless the legislation is amended or revoked within that period, or where there are future restrictions on the use of the highway which we are notified of by the Highways Authority.
It will be your responsibility to ensure that all the information required is provided, and any documents to supply are clearly readable. If there is any missing information or the information is illegible, your application will be refused. You will be able to re-apply but the issuing of your licence will obviously be delayed.
The Licence Holder will be responsible for compliance with any licence granted or deemed to be granted. Licences can be revoked for failing to comply with licence conditions, and costs can be recovered from you if the Council has to take steps to ensure compliance with the licence.
Applications can only be made online through the online application form, which will become live after the law comes into effect. Before then you can register your interest for a licence which will help us gauge the level of interest. Emails or postal applications will not be considered.
Applications will be available for public consultation and shared with the Highways Authority, Derbyshire County Council, Derbyshire Police and the Council's Planning and Community Safety services. Applicants should be aware that all details on their application and documents submitted will be shared with the above agencies to enable full consultation with statutory partners, and in the interests of ensuring effective administration of the licensing scheme. Redacted versions will be published for public consultation.
Only one application can be made for each premises within the determination period.
If you do not hear from the Council after 14 days starting with the day after you submitted an application, then your licence will have been automatically granted. You will be notified only if your licence application has not been approved.
You will be required to ensure that your activity on the pavement is safe, protects public safety and that you and your customers do not cause a nuisance to neighbouring residents. Enforcement action under other legal powers is still possible even if you have a valid pavement licence and your premises licence may be at risk if your breach it’s conditions. Anything placed on the highway must be removed overnight and when the business is not operating.
All pavement licence applications are subject to public consultation and are available to view on the online portal for submissions.