Apply for a pavement café licence

In accordance with the Business and Planning Act 2020, as amended by S229 Schedule 22 of the Levelling Up and Regeneration Act 2023, the Council grants permission to the licensee to use the designated area for the provision of refreshments subject to the following conditions:

1. This permission is personal to the licensee.

2. The licensee will provide the Council with two individual plans:

   1.  A 1:1250 location plan showing the location of the premises shown by a red line, to clearly identify the application site.  (The licensee may use an OS base map)

   2.  A 1:500, 1:100 or 1:50 plan clearly showing the proposed area covered by the licence in relation to the highway.  This should include all furniture in the desired layout and the kerb line, if not to scale, with measurements clearly shown

3. The licensee will display a public notice and plans onsite in a prominent and obvious position for the public to view during the public consultation stage of the application (from day of satisfactory application for 14 concurrent days).

4. The licensee must provide photo proof of public notice being displayed onsite.

5. The licensee shall indemnify the Council against all actions, proceedings, costs claims demands and liabilities whatsoever which may at any time be taken made or incurred in consequence of the use of the furniture on the highway. For this purpose the licensee must take out at his own expense appropriate third party insurance cover approved by the Council in a sum not less than £10 million.  The licensee must produce to the Council on request the current receipt for premium and confirmation of annual renewal of the policy.

6. The licensee shall make no permanent or temporary fixtures or excavations of any kind in the surface of the highway.  The surface of the highway shall be left undisturbed when the furniture is not in use.

7. The licensee will not put out any furniture until the application is complete and granted.

8. The permitted hours of operation are set out in Schedule 3 of the licence.

9. The designated area will not extend beyond the approved limits.

10. The furniture shall be safe and suitable for the purpose, clean and tidy and maintained to a high standard at the licensee’s expense.

11. The boundaries of the designated area must be provided with a means of enclosure approved by the Council and described in the schedule.

12. The furniture must be kept within the designated area at all times it is in use.  It must not project beyond the designated area.

13. The licensee shall make no claim or charge against the Council in the event of the furniture being lost stolen or damaged in any way from whatever cause.

14. The designated area must be used solely for the purpose of consumption of refreshments or the display of goods.

15. Tables are to be cleared as soon as possible after customers have left.

16. The licensee shall provide litter bins or similar receptacles for the deposit of cartons, wrappers, containers and similar discarded items.  The licensee shall ensure that the same are emptied as frequently as necessary or at least daily.

17. Waste from the licensee’s operations must not be disposed of in the permanent litter bins provided by the Council.

18. The licensee shall keep the designated area in a clean and tidy condition during the permitted hours.  The licensee shall leave the designated area clean and tidy and unobstructed at the end of each daily period of use and on revocation or surrender of this permission.

19. The licensee shall remove all furniture and litter bins, or other articles placed on the highway in accordance with this permission at the end of each daily period of use and at the expiry, surrender or revocation of this permission.

20. The licensee must as soon as practicable sweep the designated area and wash down or remove any stains from spills of food or liquid.  In default the Council will undertake this and recharge the licensee.

21. The licensee shall not cause any unnecessary obstruction of the highways or danger to persons using it.  The licensee shall not permit persons to gather to cause a nuisance or annoyance or danger to persons lawfully using the highway.

22. The licensee shall ensure that a copy of this permission is at all times on prominent display at the premises.

23. The licensee shall ensure that adequate supervision is provided over the designated area during the times of operation in order to comply fully with these conditions.

24. The licensee shall not use the highway for any purpose whatsoever at any time other than during permitted hours, other than lawfully passing and re-passing there over as members of the public.

25. No alcohol shall be sold or consumed within the designated area unless in compliance with any Licence issued by the relevant licensing authority.

26. No amplified music shall be played on any apparatus within the designated area or within the premises to be audible outside the designated area.

27. The licensee shall not assign underlet or part with any interest or possession given by this permission or any part thereof, but the licensee may surrender it at any time.

28. The licensee shall observe and comply with any directions in relation to the use of the highway given by the proper officer, or a police officer.

29. The licensee shall suspend operation of any permission granted at the request of the proper officer to enable any street works to be carried out on or near the permitted location.

30. The licensee shall suspend operation of any permission granted at the request of the proper officer to enable any events to be carried out on or near the permitted location.

31. Nothing herein contained shall be construed as granting or purporting to grant by the Council any tenancy under the Landlord and Tenant Act 1954 or any permission under the Town and Country Planning Act 1990 or any statutory modification or re-enactment for the time being in force.

32. This permission shall tenure for a period specified on the licence and shall expire at the end of this time notwithstanding any revocation in accordance with any conditions of this permission provided it is granted.

33. This permission is granted under the Business and Planning Act 2020. The licensee shall comply with and obtain all other necessary statutory consents and approvals required in connection with the exercise of a refreshment facility on the highway.  The licensee shall comply with the provisions of all such consents and approvals and all statutes and other obligations imposed by law in regard to the provision, maintenance and operation of the refreshment facility.

34. Non-compliance with any condition of this permission resulting in any complaint to the Council or the police will render the licensee liable to a written notice.  Failure to comply with such a notice immediately and any subsequent breach or non-compliance shall render the licensee liable to a written Notice revoking this permission forthwith.

35. Notwithstanding the specific requirements in Condition 17 above, the licensee shall not do or suffer anything to be done in or on the highway which in the opinion of the proper officer may be or become a danger, nuisance or annoyance to or cause damage or inconvenience to the Council or the owners or occupiers of any adjacent or neighbouring premises or to members of the public.

36. This permission may be revoked by the Council at any time. The Council shall not in any circumstances whatsoever be liable to pay any compensation to the licensee in respect of such revocation.

37. This permission may be terminated in writing by the licensee at any time by giving five days' notice to the Council.

38. The Council has the right to serve a notice requiring you to remedy breaches of any condition of the permission.  If you fail to respond the Council may take any necessary action and recover the cost from you. Serious or persistent breaches may result in the revocation of or refusal to renew the permission.

39. Any obstruction of the highway which is not specifically authorised by this permission may render the licensee liable to prosecution and open to claim for damages in the event of injury.

40. If furniture continues to be placed on the highway, in violation of a notice to remove, a revocation of the licence, the authority may remove and store the furniture, recover the costs from the business for the removal and storage of the furniture and refuse to return the furniture until those costs have been paid. If within three months of the notice, the costs are not paid, the authority can dispose of the furniture by sale or other means and retain the proceeds.

41. This permission does not allow for any vehicle to be situated within the confines of the pavement café enclosure.

42. The licence may be shared with any public authority that require it.