Tables and Chairs Licence
If you wish to place tables and chairs on the pavement you may need a licence. EHDCl has power to grant permissions for objects such as tables and chairs (a Facility) under Part VIIA Highways Act 1980 (the Act).
The Act also gives us power to require the payment of reasonable charges for the grant of permission. Where we are not the owners of the subsoil beneath the part of the highway where permission is to be granted, then the charges may not exceed the standard amount.
The standard amount being such charges as will reimburse us reasonable expenses in connection with granting the permission.
Where we are the owners of the subsoil beneath the part of the highway where permission is to be granted, then the charges may be set at such reasonable level as may be determined from time to time.
Eligibility criteria
An application may be refused or a licence suspended or revoked on a number of grounds. These include:
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Loss of amenity caused by traffic, noise, rubbish, potential for the harbourage of vermin, odour or fumes
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Obstruction of either pedestrian or vehicular access
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Interference with sight lines for any road users such as at road junctions, or pedestrian crossing facilities
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The applicant/licensee has failed, without reasonable excuse, to obtain a previous licence, or as the case may be, a current licence
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There is not enough space without casing undue interference or inconvenience to persons using the street
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The applicant/licensee’s premises have been the focus for incidents involving public disorder or nuisance.
You will find links to our Policy, Guidance, Standard Conditions, application form etc below.
Regulation summary
The power to regulate Tables and Chairs on the highway and to issue licences is contained in the Highways Act 1980 – section 115 (E-K)
Application evaluation process
You will need to complete an application form.
New applicants will be required to submit:
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application form
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location plan which identifies the land and surrounding properties
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a plan of the facility ie the area which is proposed as the location of the tables and chairs to the scale of 1:100 (details of what the plan must show is given in the attached guidance)
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fee
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proof of public liability insurance
Variation
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application form
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fee
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proof of public liability insurance
If the variation being applied for affects the existing plan(s) of the facility you will need to submit a new plan(s) as described in the attached guidance.
Renewal
An application for the renewal of a licence must be received by EHDC before the expiry of the existing licence or you may be required to make a new application.
Your application will be subject to a completed application form and meeting the eligibility criteria detailed above.
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. if you have not heard from the local authority within a reasonable period, a maximum of 60 days, please contact it.
Application
You may apply by completing the attached form and sending together with the supporting documentation by email to licensing@easthant.gov.uk or post to:
East Hampshire District Council
Licensing Office
PO Box 176
Penns Place
Petersfield
Hampshire
GU31 4WT
Online application (external links)
Links will open in a new window
Failed application redress
Please contact the Local Authority in the first instance.
Tel: 01730 234355 email: licenisng@easthants.gov.uk
The Highways Act 1980 does not allow any legal appeals against a decision by EHDC to refuse to grant a licence. A person aggrieved by a decision may seek a Judicial Review.
Licence holder redress
Please contact the Local Authority.
Tel: 01730 234355 email: licensing@easthants.gov.uk
The Highways Act 1980 does not allow any legal appeals against a decision by EHDC to refuse to grant a licence. A person aggrieved by a decision may seek a Judicial Review.
Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery).
If that has not worked, if you are located in the UK, Consumer Direct (external link) will give you advice. From outside the UK contact the UK European Consumer Centre (external link).
Please contact the Local Authority:
Tel: 01730 234355 email: licensing@easthants.gov.uk
The Highways Act 1980 does not allow any legal appeals against a decision by EHDC to refuse to grant a licence. A person aggrieved by a decision may seek a Judicial Review.