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
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.
Please refer to the related content section of this document for the relevant fee.
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' in Related Content.
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 318111 or contact Licensing using this form.