Tables & Chairs

A guide to the Highways Act 1980, Section 115 for Town Centre Cafés

This page gives information on the procedure for permission to have on-street furniture, such as tables and/or chairs for the purpose of providing refreshments.

The Council is continuing its programme of pedestrianisation in the town centre, using high quality paving and street furniture. The overall aim of these works is to enhance the environment and to attract people and businesses into the town centre.

One of the many benefits of pedestrianisation schemes is that quite large areas of the town are virtually vehicle free and this creates a safer environment for people to shop and socialise. There has been a significant increase in the number to town centre cafés, and one such café, on High Street, has recently received formal permission from the Council to site tables and chairs in a pedestrianised area, for the purpose of selling refreshments.

The further development of such on-street facilities is seen as a natural progression in the overall development in the town centre, and is viewed favourably by both the Chamber of Trade and the Town Centre Initiative. However, for best overall effect such an initiative does need to be properly controlled and regulated, and the Council does have appropriate powers available to achieve these aims.

The legal position with regard to such agreements is summarised below. Whilst the explanation is quite lengthy, it is important to explain the position as fully as possible.

The Council, as highway authority may grant permission to a person to place an object or structure on, in or over a highway for the purpose of production of income providing that they first obtain the consent of the frontages with an interest. This is in recognition of the rights of the frontages as the owners of the sub-soil.

The Council cannot grant permission under the Highways Act 1980 until they have published a notice:-

(a) by affixing notices in a conspicuous position at or near the point to which the proposal relates.

(b) by serving a copy of the notice on owners and occupiers of any premises appearing to the Council to be materially affected.

Permission cannot be granted until at least 28 days after the notices are posted and then only if no representations are made. If representations are made then the matter will be considered by the relevant Council committee and all interested parties will be notified of the decision in due course.

The Council must also consult with the police and receive their agreement to any proposal to site tables and chairs within the highway.

Where it is proposed to grant permission for tables and chairs on highways from which vehicular traffic is excluded by means of a Traffic Regulation Order (i.e. pedestrian areas) the permission would normally be operative when vehicles are excluded, by the legal Order. This would be on road safety grounds. In the main tables and chairs can be situated on wide footways, providing that adequate pedestrian routes and clearances adjacent to the carriageway can be maintained.

Any permission will have conditions, including the payment to the Council of such reasonable charges as they may determine, attached by the Council to the agreement and where any of these conditions are breached and the Council has powers to serve notice to have the breach remedied. The Council has recently agreed that the fee for arranging the license will be £50 with an annual renewal fee of £50.

One of the other key conditions of the permission is a requirement for the Licensee to indemnify the Council against all losses and claims which relate to the siting of tables and chairs on the highway. The Council must therefore satisfy itself that the Licensee has adequate insurance cover. The relevant insurance documents must be produced before the signing of any formal permission. The Council can also request that the relevant document is produced at any time during the period of the permission.

The Council also has a responsibility to ensure that any highway is in a safe condition for use by members of the public. This duty includes the need to maintain adequate widths for pedestrians and safety margins adjacent to any carriageway for instance. The Council also needs to maintain its highways and there is therefore always a requirement to suspend any permission to allow maintenance works to be undertaken. Obviously the suspension of any permission would be kept to an absolute minimum, taking account of operational requirements.

On request, we can send you a blank copy of the basic agreement form for your perusal. This document is for your information only and does not constitute a formal agreement or imply that any formal agreement will be entered into, although the Council cannot unreasonably withhold its permission. The conditions contained in the schedule are "standard" only. Additional conditions specific to the location of your premises may be required, dependant on the site conditions and constraints.

If you already place tables and chairs on the highway without a formal agreement or have considered such an extension to your business, then should you wish to discuss any aspect of this matter, or require any further information on how to apply for permission, please  contact Streetpride.