Street Cafe Terms and Conditions of Business and Planning Act Licence

  1. In making an application for a Licence, you are deemed to have read and accepted the following standard Conditions. Additional conditions may be imposed where appropriate.
  2. No changes may be made to any part of the pavement café operations, including change or addition of furniture or other items, or changes to the permitted area or operating times, without obtaining a new or revised Licence. The Licence Holder must contact the Council if any changes are proposed.
  3. No alcohol may be sold or consumed within the designated pavement café area unless the premises are already licensed to do so.
  4. No items may be left on the highway outside the hours specified in the Licence, unless the Licence expressly allows use of the highway outside the specified hours.
  5. The Licence Holder must hold Public Liability Insurance cover to at least £5m for the licensed area and such cover must be maintained throughout the duration of the Licence.
  6. The Licence Holder may not provide any refreshments other than food and drink normally served within the Licence Holder’s premises.
  7. The Licence Holder may not provide any refreshments other than food and drink normally served within the Licence Holder’s premises.
  8. Tables and chairs must be sited so that they are clearly visible from inside the premises, or the Licence holder must ensure that dedicated staff are available to monitor their use. Licence Holders must ensure that, during the period of use and at the conclusion of any period of use, the area of the highway that is the subject of this Licence is kept clean and tidy and free from litter. A suitable waste/litter bin must be provided.
  9. No omission from, addition to, or variation of the Licence will be valid unless it is agreed in writing and signed by an authorised officer of the Council.
  10. The Licence Holder is required to ensure that any equipment used for the purposes of providing these facilities is safe and presents no risk to members of the public and in particular that:
    • all chairs are in good repair and are stable.
    • any parasols and umbrellas are adequately weighted to prevent them being dislodged by the wind.
    • the area to be used is protected and separated from the rest of the highway in such a way that a blind or partially sighted person runs no risk of injury from their use.
    • all furniture used must be of a type which will not cause damage to the highway surface.
    • no amplified music shall be played in relation to any pavement café.
    • under no circumstances should any pavement café interfere with required vision lines for traffic and pedestrians.
  11. The Licence Holder shall indemnify the Council against any claim in respect of injury, damage or loss arising out of the grant of the Licence except where any such injury, damage or loss is attributable to the negligence of the Council.
  12. The Licence Holder shall ensure that a clear pedestrian route is retained for those walking past the premises. Emergency exits from adjacent buildings must not be obstructed by any seating area.
  13.  The Licence Holder will be required to reimburse the Council for the costs of repairs where any damage to Council property or to the public highway is caused as a result of street furniture placed on the highway.
  14. If the Licence holder permits smoking in the licensed pavement café area, then clear ‘smoking’ and ‘non-smoking’ areas must be provided, with ‘no smoking’ signage displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (signs) regulations 2012.
  15. No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
  16. Licence holders must provide a minimum 2M distance between non-smoking and smoking areas.
  17. Use of a licence after 2300hrs shall only be permitted where SIA door staff are employed and on duty to be able to monitor the area. This must be included in the premises risk assessment.
Last updated on 12/04/2021