Part 1: Consumption of food and drink outdoors Section 3: Determination of applications
Section 3(2) provides that the local authority must consult the highways authority where the local authority is not itself the highways authority for the land. It must also consult such other persons as it considers appropriate. Section 3(3) and (4) provide that the local authority may grant or reject the application and, in granting the application, they may make their own determination as to how much of the space requested, the licence will cover. Section 3(5) provides that the local authority may grant a pavement licence only if it considers that the effects specified in section 3(6) will be prevented. Section 3(7) requires local authorities to have regard, in particular, to the needs of disabled people when considering whether furniture is an unacceptable obstruction. If the local authority does not make a determination with the 7-day determination period which follows the 7-day consultation period, the licence is deemed to have been granted in the form in which the application was made, see subsection (9).