Policy background Outdoor Seating
This Act includes temporary measures to support businesses selling food and drink through economic recovery as lockdown restrictions are lifted but social distancing guidelines remain in place. Once cafes, pubs and restaurants are permitted to open, current social distancing guidelines will have considerable impact on the capacity to accommodate customers.
	The measures in this Act are designed to support businesses selling food and drink such as cafes, pubs and restaurants by introducing a temporary fast-track process for these businesses to obtain permission from the local council for the placement of furniture such as tables and chairs on the pavement outside their premises. This will enable them to maximise their capacity whilst adhering to social distancing guidelines. The current process for businesses to obtain these licences can be costly and time-consuming. This Act includes temporary measures to place a cap on the application fee for businesses, enforcement and revocation powers so councils can protect public safety and amenity, and a new 14-day determination period, ensuring that businesses can obtain licences in a timely and cost effective manner aiding their financial recovery.
	The Act imposes a clear requirement that accessibility for highways users, in particular disabled people, should be protected, which is why these licences will be subject to a no-obstruction condition which seeks to prevent unacceptable obstructions. When local authorities are determining whether furniture put on the highway would be, or already is, an unacceptable obstruction, they must also have specific regard to the needs of disabled people, and to any recommended distances required for access by disabled people as set out in guidance issued by the Secretary of State.