Conditions attached to a pavement licence

Conditions to be attached to a pavement licence issued under Part 1 of the Business and Planning Act 2020

National conditions

  1. A clear width of 2000mm between the obstacle edge and the edge of the footway should be regarded as the minimum, where this is not possible because of physical constraints 1500mm is the absolute minimum acceptable space.
  2. The positioning of furniture should not discourage pedestrians from using the footway. The available route must be entirely clear and not pass through an area with tables and chairs
  3. The non-smoking area should be indicated on the plan submitted as part of the application.
  4. Clear ‘smoking’ and ‘non-smoking’ areas, with ‘no smoking’ signage must be displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (signs) Regulations 2012.
  5. No ashtrays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
  6. Licence Holders must provide a minimum 2m distance between non-smoking and smoking areas.
  7. The business must continue to have regard to smoke-free legislation under The Health Act 2006, and the subsequent Smoke-free (Premises and Enforcement) Regulations 2006.

Local conditions

  1. Except with the previous written consent of the Council, only the facilities detailed on the licence are to be placed on the public highway, and the facilities are only to be placed on the public highway between the times detailed on the licence in the permitted area specified in the licence and as shown on the plan for the licence. 
  2. Emergency access - For fully pedestrianised streets a minimum width of 3 metres must remain free and unobstructed to facilitate emergency vehicles. This figure may be increased where there is a heavy pedestrian flow. The area shall be vacated immediately if requested by the local authority, the Police, any other emergency service, or a statutory undertaker, without any liability for compensation, refund of application fee, or damage arising.
  3. Access to the premises - A clear pathway of at least 1.2 metres wide shall be maintained to allow entrance and exit from the licensed premises. Public health and safety – The licence holder will be responsible for ensuring that uses conform to the latest guidance on social distancing and that any reasonable crowd management measures needed as a result of a licence being granted and businesses reopening are in place. 
  4. No fire exits must be blocked or restricted in use by the placing of the furniture on the highway. 
  5. The licence holder will be responsible for any damage, including any stainage, to the highway during the operating hours of the licence. 
  6. The licence holder is not to make or cause to be made any claim against the Council in the event of any property of the licence holders becoming lost or damaged in any way from whatever cause. 
  7. The granting of a pavement licence applies only to the applicant in respect of the premises concerned and is outside of and in addition to a licence to sell alcohol. Where alcohol is sold a premises licence under the Licensing Act 2003 must already be in place. 
  8. The area to which this licence relates may only be used during periods that the premises is open for the purposes of selling alcohol for consumption on the premises, or until 2300hrs whichever is the earlier.  This will be the case unless an earlier time is considered to be justified in which case the Council will notify the licence holder of the revised time in writing.  The area covered by the licence must be cleared of customers and all furniture during periods that this licence is not in effect. 
  9. Should the tables, chairs or other furniture be considered at any time to be causing an unnecessary obstruction, the Council or the police reserve the right to have them removed or relocated as deemed appropriate.
  10. Furniture used must be high quality and uniform in a café style. (NB plastic tables and chairs and other low quality patio furniture will not be permitted).
  11. The seating area must be enclosed by stable lightweight barriers to demark the seating area from the surrounding pedestrian areas. The barriers will either be of a solid canvas form or of a form containing solid elements at heights of 100mm and 1000mm above ground level. 
  12. All furniture placed within the area must be suitably secured and not overhang beyond the licensed area.
  13. Furniture may display the name of the establishment but no other branding or advertising will be permitted.
  14. The seating area and immediate environment shall be kept free of litter and other matter generated by the use of the area and a suitable receptacle for litter must be provided for the use of patrons and emptied at suitable intervals. Where smoking is permitted in the seating area then separate bins for the resulting waste must be provided.
  15. The licence holder shall ensure that all vacated tables are cleared promptly of all uneaten food, crockery, cutlery and associated debris.
  16. The licence holder shall ensure that the tables, chairs and other furniture are maintained to a high standard and be in a clean, tidy and safe condition at all times.
  17. The licence holder shall ensure that the seating area is kept under supervision at all times of its operation and that customers are seated.
  18. A copy of the licence conditions and a plan of the permitted area shall be displayed on the premises.
  19. There can be no deviation from this licence without the prior approval of the Licensing Authority. Any changes to any part of the pavement licence (including furniture, other items, the area or operating hours) is strictly prohibited under the terms of this licence. ‘A boards’ are only allowed in the pavement area if there is sufficient space for them to be accommodated safely within the designated area and inside of the barriers. ‘A Boards’ must not be placed on the highway at any time without written authorisation of the Council’s Highways Team. 
  20. The licence holder must ensure that there is sufficient staff working in the pavement area and regular supervision of the area to ensure that tables can be immediately cleared and cleansed on customers finishing their meals/drinks. 
  21. The licence holder is encouraged to serve drinks in ceramic cups or polycarbonate glasses or bottles.  This will be mandated by the Council if it is justified, in which case the licence holder will be notified of this in writing.
  22. The licence holder is solely responsible for the conduct of customers and staff within the pavement area. Unruly or rowdy behaviour which is not controlled is not acceptable, and may lead to the revocation of this licence. Prevention of Public Nuisance.
  23. No amplified music or sound is allowed in the pavement café area without the authorisation of the Licensing Authority. 

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