Yes, pavement licence regulations in Wales differ from those in England, primarily in terms of the legal framework and administrative process. Here’s our summary of the key differences in Wales:
Essential Features of Pavement Licensing in Wales.
Legal Basis: Pavement Licences in Wales are typically issued under Sections 115B and 115E of the Highways Act 1980, rather than the streamlined Business and Planning Act 2020 used in England.
Purpose: Allows businesses to place temporary furniture (tables, chairs, barriers, etc.) on public highways adjacent to their premises for outdoor dining or drinking.
Application Process: Managed by Local Authorities and requires a risk assessment and public consultation.
Applicants must provide public notice and consult relevant authorities.
Tacit consent does not apply in Wales – the Licence is not automatically granted if the authority fails to respond.
Fees and Conditions: Fees vary by local authority. Conditions may be attached regarding layout, safety, accessibility, and hours of use. Frontage and walkway consent may be required before applying.
Duration: Typically granted for a fixed term, often seasonal or annual, depending on local policy.
Accessibility: Applicants must ensure a minimum unobstructed footway width (often 1.8 metres) to allow safe pedestrian movement.
Limitations and Considerations. There is NO Unified National Scheme: Unlike England, Wales does not have a single national pavement licensing regime. Each local authority sets its own rules, fees, and conditions.
No Automatic Approval: Applications must be actively processed and approved—there is no deemed grant if the authority fails to respond.
Appeals and Complaints: If a licence is refused or conditions are disputed, an appointed arbitrator may be involved. Complaints should first be directed to the local authority.
Additional Licences May Be Required: Depending on the setup, businesses may also need a street trading licence, premises licence, or amendments to existing permissions. We can help with all that too 😊
Further questions? Please call Reba at The Licensing Guys on 01432 700024.
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