What is a pavement licence?
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.
This is a temporary measure to support businesses while social distancing measures may still be in place. As it is uncertain how long some form of social distancing measures will be in place for, the new process will last until the end of September 2021, giving certainty to businesses for the foreseeable future. It will also allow them enough time to apply for new licences under the existing process if they want to extend beyond the end of September 2021.
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
How to apply for a pavement licence
Email the completed application form to the licensing team.
A member of the licensing team will contact you by phone for the application fee of £100. Cheque payments cannot be accepted.
Applications cannot be accepted until full payment is received.
Determining the application
Once the information is submitted to the local authority we have 14 days from the day after the application is made (excluding public holidays) to consult on, and determine the application. This consists of a 'public consultation period' of 7 days beginning with the day after that on which the application is made for public consultation, and then a 'determination period' of 7 days beginning with the first day after the public consultation period to consider and determine the application after the consultation. We will take account of any representations made during the public consultation period, consult with the highway authority and other persons as considered appropriate.
If the local authority does not determine the application within the 14 day period, the application will be deemed to have been granted.
There is no statutory appeal process. If unsuccessful, applicants may wish to appeal the decision in respect of the determination of their licence application and should email the licensing team setting out the reasons for their appeal where it will be considered by an internal review process.