Pavement licence fees could rise in East Devon

A new policy has been adopted

The price of putting tables and chairs on pavements outside cafes could increase in East Devon.

Efforts have been made to glean feedback from businesses about the future of pavement licences via a public consultation last year.

Linked to that is the prospect that East Devon’s current fees could soon rise.

The District Council currently charges just £100 for a two-year licence to have chairs and tables outside a property, but national guidance says maximum fees for new applications can be £500 and £350 for renewals.

The council’s licensing and enforcement committee heard that the authority charged low levels compared to peers, a move it had opted to take when the policy had first been introduced as part of efforts to help businesses recover following Covid-19.

Torbay Council charges the maximum allowed, for instance.

Licensing officer Lee Staples told the committee that the council, which has overseen pavement licensing since 2020, now had a good understanding of the work and officer time required, and so would be able to set fees appropriately.

“We don’t want to go too high and prejudice businesses, so it will probably go upwards but I don’t think it will be close to the maximum, but it will go up,” he said.

East Devon has about 28 pavement licences now, with around 21 due for renewal later this year, meaning the council is likely to aim for any price increase to happen prior to the bulk of renewals.

Councillor Ian Barlow (Independent, Sidmouth Town) supported the move.

“People need to realise the value of a business having tables and chairs outside, it is basically allowing them to expand their business – and even £500 is peanuts in the grand scheme of things,” he said.

“We do need to make sure the council covers its costs though.”

Officers said they had considered setting the timeframe for pavement licences from 10am until 11pm, but some members felt it might be beneficial to have an earlier start time of 9am.

Councillor Steve Gazzard (Liberal Democrat, Exmouth Withycombe Raleigh) said he would support a 9am start time.

“I think it is vital for small businesses and refreshment areas to be able to get their tables out for 9am,” he said.

He also endorsed the move to try and ensure pavements still accommodated a 2 metre width once chairs and tables were placed outside, to help people with disabilities navigate town centres easily.

The council’s consultation garnered 253 responses, which members of the licensing and enforcement committee welcomed.

Officers said businesses were largely in agreement with the aims of the council’s proposed tweaks to its pavement licence policy.

A report prepared for councillors said: “Respondents urged the council to keep fees affordable and proportionate, warning that high tariffs could disadvantage smaller or independent businesses compared with larger chains.”

It added that throughout the consultation, respondents “stressed that the long-term success of pavement licensing depends on clear conditions, fair decision-making and consistent enforcement”.

“Consultees supported proportionate fees and processes that are accessible to small independent businesses as well as larger operators,” the report added.

“There was a strong expectation that the council should monitor compliance, respond to breaches, and take enforcement action where necessary to maintain safe, clean and attractive public spaces.

“Overall, the consultation reflected strong support for the policy’s aims, provided it is applied consistently, transparently and with regard to local circumstances.”

It is not yet clear what pavement licence fees might rise to, however, it’s likely a proposal would come back to the licensing and enforcement committee.

Officers said East Devon District Council would 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.