Frequently Asked Questions
What furniture can be permitted by a temporary pavement licence?
The furniture that can be permitted by a temporary pavement licence includes;
- 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; and
- Umbrellas, barriers and other articles used in connection with the outdoor consumption of food or drink
Furniture should not be permanently fixed and should be easily moved and stored away outside the times of the licence.
What will the council consider when determining an application?
- Public health and safety
- Public amenity
- Accessibility
- Comments on applications should be submitted to estates@swdevon.gov.uk.
See the government webpage for more detailed information.
Where can I have a temporary pavement licence?
A pavement licence can be applied for on highway land, such as pavements, to which vehicle access is restricted or prohibited.
There isn't enough space outside my premises, but my neighbour has advised that I can place my furniture outside their premises - is this allowed?
Applications where this applies would be approved providing there are no concerns relating to the safety of the highway user. The ability to implement social distancing guidelines must not be compromised.
However, you will be expected to provide written confirmation of permission from your neighbour.
There isn't enough space outside my premises, but there is space across the road - would this be approved?
Furniture placed away from the premises would be approved based on the following;
- The applicant has full responsibility for the furniture
- Tables and chairs are used for take away food and drink purposes only
How does this interact with other regulatory process, such as alcohol licensing?
It is important to note the grant of a pavement licence only permits the placing of furniture on the highway. Other regulatory frameworks still apply such as the need for alcohol licences and the need to comply with registration requirements for food businesses.
If the applicant has a licence to serve alcohol on-premises, temporary amendments to the Licensing Act 2003 have been put in place. This will allow them to sell alcohol for consumption off the premises, without needing to apply for a licence variation.
Do I need planning permission?
No. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.