Apply for a Seasonal Highways Licence

Apply for a Seasonal Highways Licence

A Seasonal Highways Licence is a new, temporary licence that allows businesses to place tables and chairs and other street furniture in suspended parking bays (or equivalent areas where there is single yellow line) and closed roads so that pedestrians can walk safely without being obstructed. 

Seasonal Highways Licences are issued under the Highways Act 1980. This legislation requires that we consult publicly on your proposal for four weeks. Given the importance of re-opening the economy, the Council will accept the placing of furniture on the street during the consultation period, once the parking suspension has been made. 

Using on-street parking bays Government guidance encourages hospitality businesses to operate outdoors to facilitate social distancing and to prevent the spread of the virus.

The Council recognises that space on our footways is limited given the need to maintain enough footway width for pedestrians to walk with social distancing. That is why we are offering businesses the opportunity to apply to use up to two on-street parking bays adjacent to their premises (or equivalent areas where there is single yellow line) in lightly trafficked locations.

The licences will permit the use of roadway areas for customer seating or for serving food or drink. With the requirement for social distancing there is a limit to how much seating could be accommodated on a parking bay. 

Parking bays should only be suspended on the days and times that you intend to trade. If, for example, you do not trade on weekdays or in the mornings, parking should be made available for others to use at those times. Should your application be successful, we will suspend any parking bays you require on your behalf for free. 

Public safety location

Public safety is vital and that is why we can only offer Seasonal Highway Licences in locations with limited traffic. Busier roads, usually those with bus routes, would not be suitable for placing pavement furniture on the roadway.

In quieter locations, careful consideration will be given to the risks to public safety of any proposal and there are many side streets in the Borough that would be well suited to accommodating seating areas or serveries, suitably demarked, beyond the kerb.

A planter, barrier or other prominent object should be positioned on the roadway side of the licensed area to make it clearly visible.

Any planters left on the roadway must be painted brightly with appropriate reflective markings so that they can be easily seen after dark. 

 


Before you apply

  • The Seasonal Highways Licence is available until 31 October 2020.
  • The Licence Application Fee is £100 which is payable before your application can be processed. This charge is non-refundable.
  • You cannot place tables and chairs on Red/Bus routes.
  • You will be asked to supply evidence of your Public Liability Insurance cover to the minimum value of £5 million. If you supply the wrong documentation your application may be rejected in which circumstances you may forfeit your Licence Application Fee or experience a delay.
  • If you plan to place Tables and Chairs in parking bays for more than 28 days you will need planning permission before you apply. You can make a planning application for either change of use or for tables and chairs through the Planning Portal. If you have any questions about applying for planning permission contact the planning service by emailing planning@rbkc.gov.uk or by telephone on 020 7361 3012.
  • Read the Licensing Pavement Furniture Guidance for more information.

Licensing Pavement Furniture Guidance as at 17 July 2020

 


How to apply

Use this online form to apply for a Seasonal Highways Licence. 

As part of your application, you’ll be asked to provide:

  • your trading name and address.
  • the type, quantity and size (dimensions) of furniture you plan to place in suspended parking bays.
  • a furniture plan at 1:50 scale, showing the proposed location of the tables, chairs and other street furniture outside the premises.
  • The dates, days and hours you would like to place tables, chairs and other furniture on the highway. The times normally acceptable to the Council for Seasonal Highways licences are between 8am and 10pm to limit impacts on residential amenity. Please choose hours within these times. If you consider that issues of residential amenity do not apply and you wish to apply for longer hours, please contact us at tablesandchairs@rbkc.gov.uk before you apply, so we can consider your request.
  • Public Liability Insurance Policy Schedule or a letter or formal document from the insurance company stating the stating the period of insurance, level of insurance cover and premises insured. Important - A Certificate of Employers Liability insurance is not an accepted document.
  • Payment of the Licence Application Fee of £100. 

When you're ready to start the application select the start button.

Start

 


What happens after you apply?

  • You will receive an email confirming we have received your Seasonal Highways Licence application.
  • Your application will be published on the Council's website for 28 days to allow for local residents and businesses to make a representation. For more information visit Search for a Tables and Chairs Licence or submit a representation.

  • Within a week we will write to you to give you an in-principle decision. You will receive a formal letter sent by email. This will specify a date from which the parking bays you propose to use will become available. You can place furniture on the roadway from this date. Up to a week is needed to arrange for the suspension of the parking bays and to give local residents due notice of their suspension. 

  • You will receive a final decision on your application (subject to results of the 28 day consultation) within 8 weeks from the date you submitted your application. You will receive a formal letter and your licence by email. 

  • You must print and display your licence in your premises window.

An example of the application process and when you could expect to receive your licence.

1. You submit the application and receive an email confirming we have received it on 1 August 2020.
2. You receive an in-principle decision (acceptance or rejection) by email and public consultation starts on 8 August 2020.
3. If your application has been accepted in-principle, you can place furniture on the roadway from 15 August 2020.
4. Subject to the results of the 28 day consultation, you will receive your licence in September 2020.

Frequently Asked Questions

What happens if my application does not meet the Council's guidance?We will work with you to identify ways that you can amend your proposal to adhere to the Council's guidance.

What happens if a representation is made against my application during consultation?If three or more objections from members of the public, or an objection from a Ward Councillor is received, it will be referred to the Licensing Sub Committee (B) for determination. Until the application is determined you can continue to place tables and chairs on the roadway.

Will I receive a physical licence?No, you will receive a formal letter and your licence by email. You must print and display your licence in your premises window.