1. Information about pavement licences
What is a temporary pavement licence?
Temporary Pavement Licences were introduced by the Business & Planning Act 2020 (BPA 2020) on 19 August 2020 to streamline the process of obtaining a pavement licence and help businesses during the Covid pandemic. The Levelling Up & Regeneration Act 2023 (LU&RA 2023) amends the Business & Planning Act 2020 to make the provision of temporary pavement licences permanent. The commencement date for this amendment was 31 March 2024.
The main changes to temporary pavement licensing as a result to the amendment to the BPA 2020 are as follows:
- The introduction of maximum standard capped fees for new and renewal applications. The fee levels are capped at a maximum amount of £500.00 for new applications and £350.00 for renewal applications. The fee applicable for a temporary pavement licence was previously £100.00, and East Devon District Council will be maintaining a fee of £100 until such time as a full-analysis of the costs of issuing pavement licences under the amended regime can be undertaken.
- The duration of the consultation and determination periods have increased from 7 days to 14 days.
- The maximum term a licence can be granted has increased to 2 years (from one-year previously).
Licences previously issued by Devon County Council under the previous Highways Act 1980 regime can no longer be renewed by Devon County Council, and East Devon businesses are now advised to apply to East Devon District Council for their pavement licence instead.
If the land in question is private land you do not need a pavement licence but do need permission from the land owner.
If the land is owned by East Devon District Council you need to contact our Streetscene events team: events@eastdevon.gov.uk.
The grant of a pavement licence only permits the placing of furniture on the highway once a licence is granted. Other regulatory frameworks still apply such as the need for alcohol licences and the need to comply with registration requirements for food businesses.
More details can be found in the guidance accompanying the Business and Planning Act 2020
A pavement licence can be applied for in relation to a Highway as defined by the Highways Act 1980 namely:
- a highway in relation to which a pedestrian planning order is in force
- a restricted byway
- a bridleway
- a footpath(including a walkway as defined in section 35(2) of the Highways Act 1980
- a subway constructed under section 69 of the Highways Act 1980
- a footbridge constructed under section 70 of the Highways Act 1980
- a highway whose use by vehicular traffic is prohibited by a traffic order but whose use by other traffic is not prohibited or restricted or regulated by such an order
- to a local Act walkway
Before applying for a pavement licence you need to make sure that:
- there is a minimum width of two metres of footway remaining for pedestrians
- all furniture is safe, practical, portable and in keeping with the surroundings
If you set up café seating and tables without a pavement licence East Devon District Council can give notice requiring the removal of furniture before a date specified and have the power to remove any unlicensed items from the highway.