Securing a pavement licence for Wendy’s Chelmsford

The licensing legal problem:

A Wendy’s franchisee in Chelmsford was refused a pavement licence for its city centre site. The refusal meant the business was unable to provide outdoor seating for customers consuming food and drink. The only route to challenge the decision was by way of an appeal hearing before the local council’s Regulatory Committee.

The legal value we added:

Suraj Desor who act for the Wendy’s franchisee, guiding them through the appeal process.

• Review of the case: The original application and the concerns raised in the representations were carefully assessed.
• Policy & guidance analysis: The council’s pavement licence policy and government guidance on pavement licence were reviewed in detail.
• Preparation of appeal submissions: Supporting evidence and legal arguments were prepared to demonstrate that the application was not contrary to council policy or government guidance.
• Representation at hearing: At the Regulatory Committee appeal hearing, Suraj fervently advocated on behalf of the applicant, making detailed submissions to persuade the committee to overturn the refusal. In consultation with the client, amendments to the pavement licence permissions sought were agreed during the hearing to further address concerns raised by committee members.

Results

Despite the initial refusal, the Regulatory Committee was persuaded by the submissions and arguments advanced. The decision was successfully overturned, and a pavement licence was granted, allowing the Wendy’s site to provide a designated number of tables and chairs outside the premises for customer use.

This successful outcome helped to enhance the customer experience at the site and enabled the business to better maximise its trading potential in Chelmsford city centre.

To see how our teams could help, contact the London office on 0203 859 7760 or Nottingham on 0115 953 8500.

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