Pavement Permissions
Under the Highways Act 1980, permission is required from the
Council to place tables, chairs and associated furniture for the
consumption of food on the pavement outside premises.
Permission is not required where the area falls within the
curtilage of the building.
It is Rochford District Council policy to refuse applications
in respect of premises licensed to sell alcohol.
Pavement Permissions are separate from any other consent, which may
be required such as planning permission, premises licences, street
trading consents or permission from the highways authority.
Applications for the grant or a renewal of a Pavement
Permission must be sent to: -
The Licensing Unit
Rochford District Council
3 19 South Street
Rochford
SS4 1BW
Where the application is for the initial grant of a Pavement
Permission, the applicant must also send a plan drawn to a scale of
1:100.
The fee to apply for either the grant or renewal of a Pavement
Permission is £175.00.
On receipt of an application for the grant or renewal of a
Pavement Permission, the Council must arrange for a notice to be
displayed on or in the vicinity of the premises giving details of
the application and consult the following:
- The Highway Authority.
- The Police Authority.
- The Local Planning Authority.
The Local Chamber of Commerce.
- The appropriate Parish Council.
- Adjacent properties.
- Frontagers (where the object to be placed on the pavement is
between their premises and the centre of the highway).
Where objections are made, the application will be processed
in accordance with the procedures described in 'How We Will Process
Applications' reached via the Related Documents section
below.
It is a requirement for the grant of a Pavement Permission
that the trader provides third party liability insurance in the sum
of £5,000,000.00 and indemnifies Rochford District Council and
Essex County Council against all claims in respect of injury,
damage or loss arising out of the grant or renewal of the
consent. Proof of the existence of third party liability
insurance will be required prior to issue of the Permission.
A Pavement Permission is valid for one year from date of grant or
renewal.
Where a Permission has been granted, any person placing
tables, chairs and associated furniture on the pavement in breach
of the terms of the Permission may have a notice served upon them
by the Council requiring them to comply with the terms of the
Permission.
Where necessary, the Council may take steps to remedy the
breach itself and to recover expenses incurred in doing so,
together with interest calculated at a reasonable rate from the
date of service of the Notice.
If you need any further information, please contact the
Licensing Unit at the above address or by telephone on
01702
318058 or by email at :
licensing@rochford.gov.uk
Tacit consent will apply to these applications. This means
that you will be able to act as though your application is granted
if you have not heard from the local authority by the end of the
target completion period which is 60 days.