The consultation period is 14 days, starting from the day after the day on which a valid application was made to the council.
The council will aim to publish details of the application on its website. The council is required by law to consult with the Highways Authority, and will also aim to consult with the following:
- Planning
- Environmental Health
- Economic Development
- Surrey Police
- Surrey Fire and Rescue
The council must take into account any representations received during the consultation period and consider these when determining the application.
The applicant has to post a notice of the application (using the council’s template, available on the website) on the premises to which it relates, on the same day that they submit the application. The notice must be easily visible and legible to the public and the applicant must ensure the notice remains in place for the whole of the public consultation period as detailed above.
Applicants should record and retain evidence that they have complied with all requirements, including posting the notice at their premises. It is recommended that applicants take a photo of the notice on a mobile phone each day during the consultation period so that they can prove the notice was there for the required period.
The council will generally only grant pavement licences to operate between 9am and 9pm.
Applicants wishing to operate outside these hours may wish to include additional information as to how they will prevent nuisance affecting nearby residents. The council also retains the right to specify permitted hours on the licence that are reduced from those specified above in appropriate circumstances.
At the end of the consultation period, the council has 14 days to determine the application. If the council determines the application before the end of the determination period, the council can:
- grant the licence in respect of any or all of the purposes specified in the application,
- grant the licence for some or all of the part of the highway specified in the application, and impose conditions, or
- reject the application.
If the council does not determine the application within the determination period, the application will be deemed to have been granted subject to any local conditions published by the council at the time the application is submitted.
If the site is deemed unsuitable for a pavement licence, or if relevant representations are made which cannot be mitigated by conditions, then the application may be rejected. There is no statutory appeal process against a decision to reject an application.
If an applicant or objector does not believe due process has been followed when determining an application, they are entitled to use the council’s complaints procedure.