On the 22 July 2020, the Business and Planning Act 2020 introduced a streamlined and cheaper route for businesses to gain a pavement licence.

A pavement licence is a licence granted by the local authority, or deemed to have been granted, which allows the licence holder to place removable furniture over certain highways adjacent to the premises in relation to which the application was made, for certain purposes.

Businesses that are eligible include public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.

These temporary amendments apply if the premises had a licence that permitted sales of alcohol only for consumption on the premises on 22 July 2020, and the premises still retain that licence.

These are currently in place until 30 September 2023, however the Government has laid regulations that will extend the temporary pavement licence provisions in the Act for a further year, until September 2024. This will ensure that the temporary provisions remain in place while the Government introduces a permanent pavement licensing regime through the Levelling Up and Regeneration Bill.

What furniture can be permitted by a licence?

The furniture which may be used is:

• counters or stalls for selling or serving food or drink
• tables, counters or shelves on which food or drink can be placed
• chairs, benches or other forms of seating
• umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink

This furniture is required to be removable. Teignbridge District Council will be pragmatic when determining what is ‘removable’ but in principle this means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.

Guidance on this new process is available on GOV.UK