North Yorkshire Council
Environment Executive Members
24 October 2025
Consultation and proposed adoption of a draft North Yorkshire Pavement Licence Policy
Report of the Assistant Director – Regulation and Harbours
1.0 PURPOSE OF REPORT
1.1 The purpose of this report is to seek approval to consult from the Executive Member for Managing our Environment on a new North Yorkshire Pavement Licensing Policy.
2.0 BACKGROUND
2.1 In 2020 the Government introduced temporary provisions with the Business and Planning Act (‘BPA’) 2020, to allow certain premises to apply to the local authority for a pavement licence to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes. This was a fast-track procedure to assist premises to operate safely and to promote economic recovery in response to the impact of the global COVID-19 pandemic.
2.2 At that time, under the two-tier authority arrangement all applications were dealt with by the legacy seven district councils, in the majority of cases this was dealt with by the district licensing teams.
2.3 Pavement licensing provisions laid out in the Levelling Up and Regeneration Act (‘LURA’)2023 commenced on 31 March 2024. The provisions introduced a permanent pavement licensing regime in England to replace the temporary provisions introduced by the BPA.
2.4 The provisions allow Licensing Authorities greater local control over the pavement licensing regime, including local application standards, locally set fees and specific enforcement powers, which were not available as a compliance tool with the temporary provisions.
2.5 New pavement licensing provisions under the LURA 2023 grants local authorities’ new enforcement powers. From the commencement date, local authorities can now, with the consent of the licence-holder, be able to amend the licence in certain circumstances.
2.6 Local authorities will also be able to give notice to businesses who have placed furniture on the relevant highway without the required licence. If furniture continues to be placed on the highway, in contravention of the notice, the authority may remove and store the furniture, recover the costs from the business for the removal and storage of the furniture, and refuse to return the furniture until those costs have been paid. If within three months of the notice being served, the costs are not paid, the authority can dispose of the furniture by sale or other means and retain the proceeds.
2.7 In July 2025, North Yorkshire Council formally approved a unified schedule of pavement licence fees applicable across the entire Council area. Prior to this decision, each legacy licensing authority within the Council operated under its own distinct fee structure for pavement licence applications.
2.8 While the Council is not statutorily required to adopt a Pavement Licensing Policy, the establishment of such a policy serves to provide both applicants and Council officers with a clear and consistent framework outlining the procedural requirements and behavioural expectations of licence holders. This clarity facilitates informed decision-making and may support the initiation of enforcement proceedings where necessary.
3.0 PROPOSALS
3.1 The draft policy at Appendix A, takes on board Pavement Licensing Guidance, issued by the Secretary of State and includes the following topics to provide information to both applicants, officers and Members of the Council:
· Background and introduction
· Scope of the Licensing regime / definitions
· Applying for a licence
· Advertising and consulting on applications
· Determining applications
· Licences deemed to be granted
· Licences duration and conditions
· Compliance and Enforcement
· Equalities
· Rights of appeal
· Planning permission
· Hazards or obstruction on the highway
3.2 Additionally the draft policy includes the following in its annexes:
· Template public notice
· Statutory conditions for pavement licences (these conditions will be part of the pavement licence)
· The Councils standard conditions (these are the conditions the Council proposes to include on the pavement licences).
4.0 CONTRIBUTION TO COUNCIL PRIORITIES
4.1 The Council is committed to protecting communities, safeguarding children and ensuring the safety and wellbeing of the public. The draft policy delivers significant public protection benefits.
5.0 ALTERNATIVE OPTIONS CONSIDERED
5.1 Although the Council is not legally required to adopt a Pavement Licensing Policy, the implementation of such a policy offers significant governance and operational advantages. A formally adopted policy provides a transparent framework that holds the Council accountable for its decisions and actions, promotes consistency in the determination of applications, and ensures that both citizens and stakeholders are furnished with clear, accessible guidance. Moreover, it reinforces public confidence in the Council’s licensing processes by demonstrating a commitment to fairness, transparency, and good administrative practice.
6.0 IMPACT ON OTHER SERVICES/ORGANISATIONS
6.1 Under the provisions of the Business and Planning Act 2020, enforcement powers in relation to pavement licensing were vested in the Highways Authority. However, these powers were subsequently removed from the Highways Authority pursuant to the Levelling-up and Regeneration Act 2023 (LURA 2023).
7.0 FINANCIAL IMPLICATIONS
7.1 The Licensing Services costs (including the proposed consultation and any subsequent meetings) are recovered by way of licence fees and the service will continue to operate on the same cost-recovery basis in future.
8.0 LEGAL IMPLICATIONS
8.1 Any legal implications have been considered and addressed within the draft Pavement Licensing Policy.
8.2 Licensing authorities are expected to consult with any interested parties before making policy decisions. The consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals; and the responses must be conscientiously taken into account when the decision is taken.
9.0 EQUALITIES IMPLICATIONS
9.1 Disability is a protected characteristic within the meaning of the Equality Act 2010. Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not, the Council must endeavour to remove or minimise disadvantages suffered by persons who share a relevant protected characteristic and take steps to meet their needs.
9.2 The Act sets out a national “no-obstruction” condition which applies to pavement licences which are granted or deemed to be granted, requiring licence holders to allow for access on the pavement for wheelchair users and others. The statutory guidance outlines how the local authority and applicant can consider the needs of disabled people when considering whether the requirements of the no-obstruction condition are met.
9.3 Equality matters are covered by the proposed policy.
9.4 An Equality Impact Assessment is attached at Appendix B.
10.0 CLIMATE CHANGE IMPLICATIONS
10.1 This report only considers requests to carry out a public consultation on the draft Permission to Consult Pavement Licensing Policy, that covers the placing of temporary furniture on the pavement only
11.0 POLICY IMPLICATIONS
11.1 Any policy implications have been considered and addressed within the draft Pavement Licensing Policy.
12.0 COMMUNITY SAFETY IMPLICATIONS
12.1 The Councils Community safety team will be consulted as part of the consultation on the policy.
13.0 REASONS FOR RECOMMENDATIONS
13.1 The adoption of a Pavement Licensing Policy enables the Council to effectively regulate the placement and use of removable furniture on the public highway. The policy is intended to ensure that such furniture is utilised in a manner that is safe, convenient, and does not give rise to public nuisance. It further seeks to preserve unobstructed access to the highway for all users, while facilitating the creation of vibrant public spaces and supporting businesses in operating in a way that is both responsible and acceptable to the wider community.
13.2 A six-week public consultation is proposed to provide members of the public and relevant stakeholders with a meaningful opportunity to review and contribute to the development of the draft policy. This process is intended to ensure transparency, encourage community engagement, and support the formulation of a policy that reflects a broad range of perspectives.
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14.0 |
RECOMMENDATIONS
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14.1
14.2 |
The Executive Member for Managing our Environment to consider and approve the content of the Pavement Licensing Policy at Appendix A, as a draft for consultation.
The Executive Member for Managing our Environment to approve the commencement of a six-week public consultation on the draft Pavement Licensing Policy. |
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APPENDICES:
Appendix A – Draft Pavement Licensing Policy
Appendix B – Equality Impact Assessment
Appendix C – Climate Change Impact Assessment
BACKGROUND DOCUMENTS:
The Secretary of States Guidance Pavement Licences
Callum McKeon
Assistant Director – Regulation and Harbours
County Hall
Northallerton
Report Author: Sharon Cousins, Area Licensing Manager; and
Gareth Bentley, Head of Licensing
Presenter of Report: Sharon Cousins, Area Licensing Manager; and
Gareth Bentley, Head of Licensing