Business and Planning Act 2020

6 Enforcement and revocation E+W

(1) If the local authority by which a pavement licence is granted or deemed to be granted considers that the licence-holder has breached any condition of the licence, the authority may—

(a) revoke the licence, or

(b) serve a notice on the licence-holder requiring the taking of such steps to remedy the breach as are specified in the notice within such time as is so specified.

(2) If a licence-holder on whom a notice is served under subsection (1)(b) fails to comply with the notice, the local authority may—

(a) revoke the notice, or

(b) take the steps itself and recover the costs of doing so from the licence-holder.

(3) A local authority by which a pavement licence is granted or deemed to be granted may also revoke the licence if it considers that—

(a) some or all of the part of the relevant highway to which the licence relates has become unsuitable for any purpose in relation to which the licence was granted or deemed to be granted,

(b) as a result of the licence—

(i) there is a risk to public health or safety,

(ii) anti-social behaviour or public nuisance is being caused or risks being caused, or

(iii) the highway is being obstructed (other than by anything done by the licence-holder pursuant to the licence),

(c) anything material stated by the licence-holder in their application was false or misleading, or

(d) the licence-holder did not comply with the duty in section 2(5).

[F1 (4) A local authority by which a pavement licence is granted or deemed to be granted may, with the consent of the licence-holder, amend the licence if it considers that—

(a) the condition in subsection (3)(a) or (b) is met, or

(b) a no-obstruction condition of the licence is not being complied with.]

Textual Amendments

F1 S. 6(4) inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 9 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)