Apply for temporary use of highway land

Business and Planning Act 2020

Under The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021, temporary pavement licences can be issued for a period of not less than three months and can have effect until 30 September 2024. 

This temporary process provides a streamlined route for businesses such as cafes, restaurants, and bars to apply for a licence to place furniture on the Highway.

If you wish to make an application for use of other Council land, you will need to make an approach to the appropriate land-owning department.  To help identify which department will handle your application, please email tempopenspace@torbay.gov.uk.

How do I apply? 

Existing Licence Holders - licence holders whose permissions expire on 30 September 2023 will be contacted in advance of the expiry date. Where material changes to existing licences are not made/required permission will be granted until 30 September 2024. Where material changes are made to the permission currently in place, licence holders may be asked to provide some of/or all the documents listed below and may be asked to erect a new public notice at the premises and will be charged £100.00. 

New Applicants - please see our guidance document below, which should assist you when making your application.

You will need to complete the application form provided below and submit the supporting documents detailed below, by email to: tempopenspace@torbay.gov.uk.

• A location plan which clearly shows the location of the premises and the part of the pavement to which the application relates (please indicate this in red on the plan). Smart phone or google street view images are acceptable.
• A separate, detailed, plan clearly showing the proposed pavement café area. A plan showing the location and size of the outside area being requested, with the table positions indicated on the plan.
• Photograph of the proposed furniture.
• Public Liability insurance – minimum of £5 million cover.
• Consent from adjoining premises if your proposed area crosses across any other premises/property.

We recommend that you speak with your neighbours, both adjacent and opposite, about your plans and seek email support from them as to your plans for this outside space, as this may help us deal with your application more quickly.

On submission of all required paperwork, an Officer will call you to take payment of £100.00.   

Please note, your application will not be deemed to be complete until all required documents and the fee is received.

Will my Licence, if granted, be subject to conditions?

The Business and Planning Act 2020 sets out two conditions: a no-obstruction condition and a smoke-free seating condition which apply to pavement licences which are granted or deemed to be granted. For more information, please see the Ministry of Housing, Communities and Local Government’ Guidance: Guidance: pavement licences (outdoor seating) - GOV.UK (www.gov.uk).

The Council, when determining whether furniture constitutes an unacceptable obstruction, will consider the needs of disabled people, and local conditions will apply – please refer to the Guidance document attached above.  The Council requires that furniture is removable, and is not a permanent fixed structure, and therefore, can be moved easily and stored away from the Highway at the end of each trading day.

The Council, when determining whether the smoke-free seating condition is met, expects that Licence Holders will make reasonable provision for seating where smoking is not permitted.

What happens after I make a complete application? 

You must display the Notice provided below in a prominent and clear position for 7 days. This must be in place on the day after the application is correctly submitted.  You are required to take a photograph of the Public Notice once in place and email to the Licensing Department at: tempopenspace@torbay.gov.uk.

Within the 7-day period, any interested party may make representations to the Licensing Department for our consideration.  During this time, consultation will also take place with the Highways Department. Once the 7-day period has concluded, the Licensing Department has a further 7 days to determine your application.  If your application is not determined within this period, your licence is deemed to be granted as applied for and will expire on 30 September 2024, or earlier where you have specified this.