Further draft Regulations extends Fast Track Pavement Licence scheme under the Business and Planning Act

“In July 2020, as part of a wide range of measures, the Government introduced through the Business and Planning Act 2020 a Fast Track process to allow businesses selling food or drink to obtain authorisation from the Local Authority for the placement of furniture such as tables and chairs on a highway adjacent to their premises – a “Pavement Licence”.

Under those provisions, there was a long-stop expiry date of 30 September 2021 if the pavement licence did not otherwise specify an expiry date.

This expiry date will be extended under the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) (Regulations 2021) to the 30 September 2022 but importantly the new longstop date of 30 September 2022 only applies to a pavement licence for which application is made on or after the date the new regulations come into force.

The regulations have to be debated by both Houses of Parliament and could change, and we currently do not know when they will come into effect.

The previous date of 30 September 2021 as a long-stop date will continue to apply in relation to any pavement licence applied for before the date the new regulations come into force, although the holder of such a licence may be able to apply for a further licence.

We may therefore see a large number of new fast track pavement licence applications being made between the coming into effect of the regulations and the end of September 2020.

The new regulations also extend the pavement licence process generally until the 30 September 2022.

The provisions apply in England”.