2. Licence conditions
Business & Planning Act 2020
Meanings:
‘Activity’, the activity for which a licence is granted under Part I of the Business and Planning Act 2020.
‘Area’, the area of highway on which the Activity is permitted by the granting of this licence.
Local Conditions
1. General
1.1 The granting of this Licence does not in any way authorise the sale of alcohol on the highway. The applicant is required to submit a separate application to the Licensing Section of the Council prior to such use.
1.2 The area may only be used for the Activity.
1.3 Any works on the Highway pursuant to this licence shall be carried out by the Council at the Licensee’s expense.
1.4 Nothing may be fixed to the surface of the area and any damage caused by the occupation will be repaired at the Licensee’s expense.
1.5 The Licensee shall immediately remove all items from the Area if required to do so to permit works in, or the use of, the area by the Council or statutory undertakers, or for the holding of any special event. The Council will endeavour to give the Licensee advance notice prior to requiring the removal of items. No claims for loss or disruption will be accepted for these periods.
1.6 The Licensee shall indemnify the Council and shall produce for inspection on request a policy of insurance indemnifying the Licensee and the Council against any injury or damage to any person or property and against any claim liability expense or demand arising by reason of or in consequence of the permission granted. The policy shall provide cover of not less than £5,000,000 in respect of any one accident or series of accidents arising from one incident unlimited during the period of insurance.
1.7 The Licensee shall make no claim or charge against the Council in the event of any objects placed on the area being lost, stolen or damaged in any way from whatsoever cause.
1.8 The Council is empowered to remove and store or dispose of furniture from the Area, at the cost of the Licensee, if it is left there outside the permitted hours, or should any conditions of the licence be ignored. The Council will not be responsible for the safekeeping of any furniture it removes from the area.
1.9 In the event that the licence is revoked for any reason the Licensee shall not be entitled to make any claim against the Council for loss or disruption of any kind.
2. Pedestrian Access and Safety
2.1 Nothing must be placed or stored on the highway outside of the licensed area.
3. Public Health and Amenity
3.1 No amplified music or loudspeaker equipment shall be used in the Area.
3.2 There must be adequate provision made for the collection and containment of litter and where directed, the Licensee must provide suitable litterbins within the Area
3.3 Waste from the Licensee’s operation must not be disposed of in any litter bins provided by the Council.
3.4 Seating should be placed so as to ensure social distancing can take place and this should be incorporated into the COVID business risk assessment that should be produced upon request by an Authorised Officer.
4. Management
4.1 The Licensee is responsible for ensuring that the conditions of the pavement licence are adhered to.
4.2 The Licensee must ensure that the Activity operates in a safe manner, thereby ensuring that any safety risk or nuisance to other users of the public highway is minimised.
4.3 The operation of the Activity must not interfere with highway drainage arrangements.
4.4 All detritus (food and drink remnants, bottles, cans, wrappers etc) must be regularly removed from the area to reduce hazards to pedestrians. The Area is to be cleaned by the Licensee at the completion of each day’s usage.
4.5 Tables must be serviced by waiters/waitresses.
4.6 The Licensee for the use of the chairs or tables or other objects shall make no charge.
4.7 Tables and chairs shall not be affixed to the highway and should not be stored on the highway when they are not in use, e.g. during inclement weather or before or after the premises are open.
4.8 Shatterproof glasses must be used for any drink sold/consumed in the pavement licence area.
4.9 Glass ashtrays must not be used on the tables in the pavement licence area.
4.10 Outside of the hours permitted by the licence, furniture, including any barrier used to demarcate the area, should be safely stored away from public areas in such a location where it is safe, secure and unable to be accessed by members of the public.
4.11 A Constable or Authorised Officer may ask for the removal of furniture, including any barrier used to demarcate the pavement licence area, on specific occasions e.g. certain football matches
4.12 A Constable or Authorised Officer may ask for the removal of furniture, including any barrier used to demarcate the pavement licence area, where necessary in order to prevent crime and disorder.
4.13 A copy of the licence and plan is to be retained on the premises and produced to an authorised officer of the Council or Constable on request.
5. Accessibility
5.1 It is a condition that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of Inclusive Mobility.
6. Smoking
6.1 There must be separate provision made for both smokers and non-smokers in licensed outdoor seating areas.