Concerns have been raised that some councils are failing to engage with the legislation, which saw the temporary system brought in during Covid formalised, on 31 March 2024. Councils are able to grant the licences for fixed periods of up to two years.
The news comes after London Mayor pledged a new fund to support al fresco dining in the capital.
Statistics revealed by Sacha Lord, chair of the Night Time Industries (NTIA) found massive disparities between local authorities.
Liverpool City Council currently has 191 licences still pending, some dating back over a year. Westminster Council, which includes Soho, is sitting on 84 applications, Birmingham has 60, and Manchester has 33 still awaiting sign-off.
Meanwhile, online registries showed that Leicester currently has zero outstanding applications, Leeds has just three, and Southampton has four.
UKHospitality (UKH) chief executive Kate Nicholls said: “Councils delaying decisions on pavement license applications is unacceptable as we head towards the summer.
“These basic applications should be dealt with promptly and without delay to ensure businesses and consumers can benefit from good weather as soon as it happens.
Short-sighted
“The decision by Westminster City Council to only renew licenses for six months at a time flies in the face of Government guidance to grant them for two years, and recent funding from the Mayor specifically for outside space.
“This short-sighted decision from the council only serves to ramp up costs for businesses and increase red tape.”
She added: “Local authorities must take a growth-first approach to licensing in order to allow hospitality businesses to maximise opportunities in driving sales and meeting consumer demand, particularly during the summer.”
Poppleston Allen partner James Anderson said that since the legislation came into force in March there has been “inconsistent” application across councils, which he described as “Manifestly unfair.”
“The pavement licensing process historically has been difficult and a lot of London councils wanted planning permission as well – so double admin, double cost,” Anderson told The Morning Advertiser.
“So rather than embrace the spirit of the legislation, which really means give operators a relatively easy ride in trading outside, it has gone the other way. It is really inconceivable and has made it harder. We are not sure why.”
Grant applications
He also highlighted the situation at Westminster Council, which is only granting licences for three or six months.
“There are examples of tables and chairs which have been granted for years not being granted in full under the new system,” he said.
“Westminster has got better recently and we have gone back to them on a few of them and they have agreed with us.”
He said that some councils are not embracing the legislation or taking the approach to grant applications. He highlighted that councils are not without power and can revoke any licences if there are complaints.
Sacha Lord, chair of NTIA, slammed the “mindless delays and bureaucracy”, calling it a “postcode lottery” and warning that thousands of pounds in trade are being lost each day as a result of delays.
“The sun’s out, beer gardens are full and customers are desperate to sit outside, yet councils are forcing venues to leave space empty because they haven’t rubber-stamped a form. It’s an embarrassment and we’re watching red tape choke our high streets,” he added.
