The application process
Welcome to the application for a pavement licence. Before you begin, here is a list of documents that you will need to submit in support of your application:
- A plan showing the location of the premises outlined by a red line so that the application site can be can be clearly identified (must show location in conjunction with businesses and streets around). Plans must meet the following plan requirements shown further down on this page.
- Photos or brochures showing the proposed type of furniture
- Once you’ve applied, you’ll need to affix an easily visible notice to the public on the day you submit the application. The notice must remain in place for five working days beginning the day after the application is submitted to the authority. Please submit alongside this application photographs of the notice. One photograph should be taken of the wording on the notice, and another showing the notice in situ
- Evidence of Public Liability Insurance (£5 million)
- Evidence of consent from neighbouring frontage(s) to use footway space outside their property (if applicable)
- Copy of written risk assessment when furniture is not immediately outside the establishment, e.g. across the road
Requirements for Plans
You must provide an adequate plan of the area that you wish to apply for a pavement licence as part of your application. The plan provided must meet certain minimum standards:
- plan showing the location of the premises outlined by a red line so that the application site can be can be clearly identified (must show location in conjunction with businesses and streets around)
- plans should be to a scale of either 1:100 or 1:150
- you must include measurements of the highway and the boundary of the proposed area
- show the location of the proposed furniture and distance/location of any nearby permanent street furniture and edge of pedestrian area
- you must show the location of any entry/exit points to/from the premises
- you must include a reasonable amount of ‘smoke free’ space within the licensed area with clear ‘smoking’ and ‘non-smoking’ areas with ‘no smoking’ signage displayed in the designated smoke free zones.
Example acceptable plan:
The above plan clearly indicates the premises that the Pavement Licence will be for (outlined in blue), the area that they wish to use for their trading (outlined in red) and the wider area around the premises including identifying street furniture in the locality. The plan also includes measurements of the different spaces and the proposed positioning of the furniture and clearly demonstrates that the highway will be free of obstructions.
Smoking and Non-Smoking Areas
In considering whether the licence holder has made reasonable provision for no smoking areas, the Council must have regard to the guidance issued by the Secretary of State.
The Business and Planning Act 2020 imposes a smoke-free seating condition in relation to licences where seating will be used for the purpose of consuming food or drink. The condition requires a licence-holder to make reasonable provision for seating where smoking is not permitted. Licence holders should provide a minimum 2m distance between non-smoking and smoking areas, wherever possible. Your plan should clearly identify which area will be designated as ‘non-smoking’.
No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
The plan must show the view of the area ‘from above’. It must clearly show the pavement or highway area that is proposed to be used. It must include details like lampposts or benches that are permanent fixtures in the area (known as street furniture). The proposed Licensed Area must be outlined in RED.
Application periods
An application is ‘made’ on the day it is sent to us containing the required information and accompanied by the necessary grant or renewal fee. An application is a renewal application if:
- it is made by a person who already holds a pavement licence
- it is in respect of the premises to which the existing licence relates, and
- it is for a licence to begin on the expiry of the existing licence and on the same terms.
The receipt of an application triggers the start of the 14 day public consultation period on the following day, after which an additional 14 day determination period is in place to allow consideration over whether the licence should be granted
Once you've applied, you must affix a notice to the premises, so it is easily visible and legible to the public on the day you submit the application to the council. The notice must remain in place for five working days, beginning the day after the application is submitted to us.
If the public wish to make representations in respect of an application they should be made to licensing@northdevon.gov.uk.
We will consult with the following in relation to your application:
- Highway Authority (Devon County Council)
- Devon and Cornwall Police
- Devon and Somerset Fire and Rescue Service
- Barnstaple Town Centre Management
- North Devon Council’s Planning and Development Services, Environmental Protection Team, and Health and Safety Teams
- Your local district ward councillors
Applications will be determined within 28 days (excluding Christmas day, Good Friday and bank holidays) from the day the application is sent.
Fee
A fee is payable for both the grant and renewal of a licence and for any enforcement action taken by the Council.
Applications and payments of this fee must be made electronically or over the telephone, and the council will issue any licence to the email address associated with your application.
Please call us on 01271 388870 to make your payment. Your application will not be considered complete until you have
Applicant responsibilities
The applicant must have public liability insurance for a minimum of £5 million and provide a copy as part of the application.
The applicant must keep evidence (dated photographs) that the notice is in place for this period.
The applicant is encouraged to talk to neighbouring businesses and occupiers prior to applying to the local authority, and so take any issues around noise, and nuisance into consideration as part of the process.
Hours
The council will generally only permit Pavement Licences between 09:00 and 21:00. Applications outside of these hours will be assessed in terms of the criteria detailed below. The council however retains the right to specify permitted hours of trading that are less than those specified above in appropriate circumstances.
What will the council consider when determining an application?
Public health and safety
For example, ensuring that uses conform with latest guidance on social distancing and any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening.
Public amenity
For example will the proposed use create nuisance to neighbouring occupiers by generating anti-social behaviour and litter.
Accessibility
This will include taking a proportionate approach to considering the nature of the site in relation to which the application for a licence is made, its surroundings and its users, taking account of:
- considerations under the no-obstruction condition, in particular considering the needs of disabled people
- any other temporary measures in place that may be relevant to the proposal, for example, the reallocation of road space. This could include pedestrianised streets and any subsequent reallocation of this space to vehicles
- any other social distancing measures in place, for example any queuing systems that limit the space available on the pavement
- whether there are other permanent street furniture or structures in place on the footway that already reduce access
- the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Inclusive mobility: making transport accessible for passengers and pedestrians - GOV.UK (www.gov.uk) and other users of the space, for example if there are high levels of pedestrian or cycle movements