PART 1Consumption of food and drink outdoors
Pavement licences
1Pavement licences
(1)
A person whose use or proposed use of any premises in England is or includes relevant use may apply to the appropriate local authority for a licence under this section (a “pavement licence”) in respect of those premises.
(2)
A pavement licence in respect of any premises is a licence for the licence-holder to put removable furniture on part of a relevant highway adjacent to the premises for either or both of the purposes in subsection (3).
(3)
The purposes are—
(a)
use of the furniture by the licence-holder to sell or serve food or drink supplied from, or in connection with relevant use of, the premises;
(b)
use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, the premises.
(4)
In this group of sections “relevant use”, in relation to premises, means either or both of the following—
(a)
use as a public house, wine bar or other drinking establishment;
(b)
other use for the sale of food or drink for consumption on or off the premises.
(5)
In this group of sections “relevant highway” means a highway—
(a)
to which Part 7A of the Highways Act 1980 applies, and
(b)
which is not over Crown land or maintained by Network Rail.
(6)
In subsection (1) “appropriate local authority” means the local authority in whose area the premises referred to in that subsection are situated.