In normal circumstances, businesses seeking to use our land for tables and chairs would be required to speak with the respective Council department or Harbour Authority to gain permission, whether that be by way of lease agreement or pavement café licence.

Due to the anticipated economic impact of COVID 19, we are looking to support businesses, as they implement their recovery plans. Under the latest government guidance, it is anticipated that only outside areas can be used, meaning outside space is a premium.

Our commitment

To help with this, we are offering free short term consents/temporary licensed lease agreements to businesses, by way of an application form, which will be assessed. This will cover any Council or Harbour land and will be assessed and consulted upon with consultees and the landowning department.

The aim will be to consult and issue consents/licences within 14 days in most cases, however, some of the more complex locations will need additional consideration.

Each application will be treated on its merits, and not all will be possible to grant as there will be competing needs for the open space as well as existing public safety matters that need to be considered.

Due to the competing demands created by retailers in the Town Centre areas and the potential for queuing to get into retail premises, these applications will not be assessed until the week commencing 22 June. This will ensure that a fair and balanced approach is undertaken with regard to existing users and new applicants.

Some land may have existing covenants in place or competing demands so would require a site visit to be carried out and further in-depth consideration and consultation. In such cases, the aim will be to complete these applications within 28 days. However, all efforts will be taken to enable a decision to be made as quickly as possible, so as to facilitate the operational practices of a business.

Any agreement will be issued to allow access to the land until the 31 October 2020, so businesses can capitalise on the shoulder season that may be experienced by the tourism sector. 

Business requirements

To make an application use the application form and email address and supply as much information as possible, including plans and photographs, as requested. Talk to your neighbours both adjacent and opposite about your plans and seek email support as this may help us deal with your application more quickly.

However, please note that no business can operate any trading or provide table or chairs on our land, without a consent or lease agreement/Licence in place.

Making an application

Download and complete the application form. Once completed, please send the application and other documents/photos to tempopenspace@torbay.gov.uk. An acknowledgement will be sent out.

  Download the temporary use of council land application

We have produced a guidance document, to help you make an application.

Guidance notes
Guidance notes for businesses who are applying for temporary use of Council land (Highways, Open spaces and Harbours),

If there are any queries, then please use the same email address, and we will do our best to answer them.

Pavement Café annual fees

As the temporary consents are free, we will be reducing the annual fees by a third for those that have already paid, this will be taken off next year’s invoice. For those who haven’t paid, a new invoice will be issued in July for the existing Pavement Café Consent.