Pavement licence conditions
- National conditions:
- where furniture is placed on the highway, there must be a designated smoke free area with at least 2m between Non-smoking and smoking areas wherever possible
- clear ‘no smoking’ signage must be displayed in designated areas in line with Smoke-free (Signs) Regulations 2012
- no ash trays or similar receptacles to be provided or permitted to be left on furniture where a smoke-free seating is identified
- the licence holder must ensure that anything they do in pursuant of the licence, or any activity of other persons which is enabled by the licence must not cause an obstruction to preventing traffic, other than vehicular traffic, from:
- entering the relevant highway at a place where such traffic could otherwise enter it ignoring any pedestrian planning order or traffic order made in relation to the highway)
- passing along the relevant highway
- having normal access to premises adjoining the relevant highway
- preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order
- preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway
- preventing the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway
- Local conditions:
- this permission is not transferrable between licence holders or premises
- this licence will be in force for 2 years unless it is surrendered, suspended or revoked or altered by the Secretary of State
- the area so licensed to be used solely for the purpose of consuming food and drink purchased on the premises. It is strictly forbidden to prepare any food and drink in this area
- the furniture shall be of such a design as may be approved by the Council in writing and be kept in good repair and condition at the licence holder’s expense
- nothing contained in this licence gives the holder permission to make fixtures to or excavations of any kind in the surface of the highway which shall be left entirely undisturbed
- the licence holder shall make no claim or charge against the Council in the event of the chairs or tables or other objects being lost, stolen or damaged in any way from whatever cause
- the licence holder shall indemnify the Council against all actions, proceedings, claims demands and liability which may at any time be taken, made or incurred in consequence of the use of the chairs and tables and other objects and for this purpose must take out at the licence holder’s expense a policy of insurance approved by the Council in the sum of at least £2 million and up to £5million in respect of any one event and must produce to the Council on request the current receipts for premium payments and confirmation of the annual renewals of the policy
- no charge shall be made by the licence holder for the use of the chairs and tables and other objects
- waste from the licence holder’s operations must be disposed of in accordance with their commercial waste agreement
- refuse and litter deposited on the highway in the vicinity of the chairs and tables and other objects must be removed each day by the licence holder at their expense or at more frequent intervals as may be required by or under the Environmental Protection Act 1990
- the licence holder shall remove, and securely store, the furniture from the highway outside the hours permitted by the licence, and immediately if required to do so in order to permit works in or the use of the highway by:
- the Council, the police, fire and ambulance services, any utility operator or builders’ vehicles, hearses and furniture removal vans
- the Council reserves the right to condition, suspend or revoke a licence if the licence holder breaches any of the conditions
- upon request licence holders will be required to clearly define the licensed area by the use of barriers of a type agreed with the Council
Last updated 19 June 2024