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 shown 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)
- A layout plan showing the proposed area to be covered by the licence in relation to the highway. The plan should include:
- the location of any entry/exit points to/from the premises
- the extent of the trading area, clearly defined and showing the measurements in centimetres
- the location of the proposed furniture and distance/ location of any street furniture and edge of pedestrian area
- Plans should be to a scale of either 1:100 or 1:150
- 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 risk assessment when furniture is not immediately outside the establishment, eg. across the road
An application is ‘made’ on the day it is sent to us containing the required information and accompanied by the fee of £100. This triggers the start of the public consultation period on the following day.
Please call us on 01271 388870 to make your payment. Your application will not be considered complete until you have paid.
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 14 days (excluding Christmas day, Good Friday and bank holidays) from the day the application is sent. Licences granted will expire on the 20 September 2022, and if an application is not determined within 14 days applications will be deemed to have been granted until 30 September 2022.
Fee
The fee is set at £100. 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.
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 Section 3.2 of Inclusive Mobility, and other users of the space, for example if there are high levels of pedestrian or cycle movements