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.