Temporary Use of Highway Land under the Business and Planning Act 2020 – extended to 30 September 2023.

This scheme, which was introduced in response to the Coronavirus pandemic, offers a streamlined process for businesses such as cafes, restaurants, and bars to apply to place furniture on the Highway on a temporary basis. Apply for temporary use of Highway Land

In certain circumstances, some of the highway in front of your business may be used for the sale of food and drink and for the placing of tables, chairs and other furniture whilst the public have food and drink. A successful application does not affect the need to acquire any other licence such liquor, music, food hygiene etc.

Conditions will be attached to each successful application including but not limited to operational times, area’s being confined to the boundary of your premises and not obstructing any other property including street furniture. Neighboring properties will be consulted about your application as a part of the approval process.

Pavement Cafe Guidance
Guidance notes for pavement applicants in Torbay


All applications will be assessed individually by an Officer and advice will be given on site. Licenses will all have a 1 April start date. Changes to the licensed area or licence holder details during the licensed period will incur an admin charge.

  Apply for a Pavement licence Opens in a new window

Paper applications

You can also submit your application by downloading and completing an application form and sending it to us.

  Download a Pavement Licence Application

Size Fee

Band One - Under 10m2

£335 per annum

Band Two - 10 to 19.99m2

£493 per annum

Band Three - 20 to 29.99m2

£663 per annum

Band Four - Over 30m2

£827 per annum



Licences are issued indefinitely in order to avoid the requirement to re-apply each year, however, licence holders will be invoiced in respect of an annual fee in February each year. The annual fee forms a condition of Licence and must be paid on or before the due date of 1 April each year in order to keep the licence live.