Whether licensed for the sale of
alcohol or not, many retail premises providing refreshments for the
public can benefit from a licence or permission to place tables and
chairs or other articles on the 'public footpath'. This is
particularly so in London where the café culture has existed for
many years.
In addition to requiring a pavement
licence, some local authorities also require planning
permission to be obtained by operators to permit a change of
use enabling items of furniture to obstruct the highway. The
placement of any furniture including tables and chairs, planters or
'A' boards on the public highway without a licence can be
considered an obstruction and could otherwise lead to a
prosecution.
Local authority enforcement
officers frequently become involved in this area. We have come
across examples where wheelchair users or those with sight issues
have rightly complained about external furniture causing them
difficulties using the pavement. Such complaints can of course be
avoided by seeking advice at an early stage.
This can be a complex subject due
to its possible impact on premises licences, though is an area of law
that as licensing solicitors we are used to advising on and dealing
with both within London and nationally.
Click on the link for a free 30-minute consultation with an
expert licensing
solicitor.
