Pavement Licence

Information about the older-type Highways Act 1980 pavement café licence

It is no longer possible for food and drink businesses to apply for this older type of licence. This licence was for the purpose of placing removable furniture on the highway. This is following a change in the law on 31 March 2024.

If you have a current Highways Act licence that expire on 1 March 2025

You may continue to use your licence as per its terms and conditions until 1 March 2025. After this date you must reapply under the renewals process of the new pavement licence regime if you want to continue using your pavement licence area. You must do this at least 28 days before the expiry date of your current licence. 

Information about the Temporary Pavement Licences that expires on 30 September 2024

We issued temporary pavement licences during Covid-19. This was under the original Business and Planning Act 2020 . They will expire on 30 September 2024. These will not be extended. You must reapply under the renewals process for a new pavement licence at least 28 days before it expires if you want to continue using your pavement licence area.

If you have any questions about either type of pavement licence contact us.

Current Applications

If you wish to object to any of the current applications, please email licensing@torbay.gov.uk.

Applications

To submit a pavement licence application you need a valid account with MyTorbay. Please click the button below to register an account or login and submit an application.

About pavement cafe licences

If you wish to place tables and chairs on the pavement, you will need to obtain a Pavement Licence from us.  

If you wish to serve alcohol, you may also need a new premises licence or a variation to your existing licence

What does it cost to apply for a pavement licence ? 

The fee for applying for a new licence is £500. The fee for renewing a licence is £350.  If your application is not successful, then you will be refunded the Part B fee:

What do you need to include with your application form?

Plan of the proposed area

Description of the proposed furniture (photos can be included)

Copy of your public liability insurance certificate

Photo of the public notice displayed on your premises

How long will it take?

The process will take a total of 28 days. 

Applicants will need to post a notice on their premises on the day they submit their application to the local authority.  The notice must be easily visible to the public and you must ensure it remains in place for the duration of the public consultation period, which is a period of 14 days beginning with the day after the day the application is submitted to the authority.  When counting ‘days’ public holidays are not included.

The Council will then consider any objections received and will determine the application within 14 days of the end of the consultation period.

Please note, that if you have an existing licence, you must apply for your renewal at least 28 days prior to the expiry date to ensure continued use of the area.  The Council is not required to send a reminder letter and it is your responsibility to ensure you renew on time to prevent the licence from lapsing.

How long are pavement licences valid for?

In most cases we will grant new licences for two years. In some cases, we will grant a licence for a shorter period. We will discuss this with you if it applies to your application.

What are the terms and conditions of the pavement café licence?

You must adhere to the national and local conditions attached to your licence. 

Please note that we may impose additional conditions if we consider it appropriate to do so. These may include restricting the operational hours and/or licence period requested.

How will we determine an application?

In determining an application, we will consider that there is enough room on the pavement for pedestrian access, including wheelchair users and pram access, and that there is adequate emergency access.   We will take into account feedback from the Highways Authority, Environmental Health, Licensing, Devon and Cornwall Police and Devon and Somerset Fire and Rescue Service as well as any other service or organisation if we feel it is appropriate.  We will also publish details of the application on our website and invite feedback from members of the public.