The advice note, written by Charles Holland, Sarah Clover and Leo Charalambide, considers:

• When will the Bill become law?
• The existing regulatory regimes
• Purpose of the new licence
• Who operates the pavement licensing regime?
• Is the regime adoptive?
• Who can apply for a pavement licence?
• Can the applicant be a company?
• Does an applicant need a premises licence under the Licensing Act 2003?
• What does the pavement licence authorise?
• Does a pavement licence affect or give rise to other entitlements to sell food and beverages (including alcohol?)
• Is a pavement licence necessary for patrons of premises to drink on the pavement?
• What does “furniture” mean?
• In respect of what highways can pavement licences be granted?
• Can a pavement licence be granted in respect of car parks, beer gardens, village greens and the like?
• How is the sale of alcohol regulated in areas covered by pavement licences?
• How is an application made?
• What do all applications have to state?
• What other information may a local authority require?
• Does the applicant have to lodge an operating schedule?
• Is there an application fee?
• What does the applicant have to do once the application is made?
• What must the local authority do when it receives an application?
• How long is the public consultation period?
• Who must local authorities consult?
• Can members of the public make representations about the application?
• When does the local authority have to decide the application?
• How long does the local authority have to decide the application?
• What happens if the local authority does not decide the application by the end of the determination period?
• What are the local authority’s powers in determining the application?
• How should the local authority exercise its powers?
• Should local authorities adopt their own policies?
• What conditions may be attached to the licence?
• How are local conditions imposed?
• What should standard local conditions include?
• What are the default and deemed national conditions?
• How does a pavement licence relate to a Part 7A Highways Act 1980 permit?
• What enforcement powers are available under the scheme?
• What other enforcement powers are available?
• Does a prohibition on a public spaces protection order apply to the area of a pavement licence?
• Must fee refunds be made in the event of an application being refused?
• Is there a right of appeal against a decision?
• Is pavement licensing an executive or non-executive function?
• What about premises which have long had tables and chairs on the without any express permission?
• Can a pavement licence be transferred?
• Can a pavement licence be surrendered?
• What can local authorities do to assist the trade in advance of the Bill receiving Royal Assent?