Conditions Relating to the Licence
The licence holder shall indemnify the council against any claim whatsoever, in respect of injury, damage or loss arising out of the grant of this permission other than injury, damage or loss which is attributable to the negligence of the council.
The objects or structures shall be placed only on the licensed area and on no other part of the public highway.
The objects or structures shall be used only for the sale or serving of food and drink supplied from, or in connection with, the relevant use of the premises.
The objects or structures shall be removed from the public highway forthwith upon the direction of a Police Constable, Traffic Warden or Local Authority Officer.
The objects or structures shall be removed from the public highway forthwith to enable the passage of any emergency service vehicles or any vehicle engaged on the repair or maintenance of the public highway or apparatus within the public highway or any other vehicle authorised by the council to proceed on the public highway.
The objects or structures, the subject of this licence, shall be removed from the licensed area each day outside of the licence times shown on the licence.
The licence holder undertakes to ensure that the licensed area is closely monitored and kept clean and tidy at all times.
No alteration to the highway surface shall be permitted to be carried out by the licence holder in implementing this licence.
The licence holder shall inform the Licensing Team in writing via email of any change in the owner or occupier of the premises within one month of that change.
This permission is for tables and chairs, stalls, counters, barriers, heaters and other articles used to sell or serve food and drink supplied from, or in connection with, the relevant use of the premises.
This permission is time limited until 30 September 2023 unless legislation changes are made substituting the date. We have been advised that this scheme has been extended until 30 September 2024.
The pavement licence or a certified copy must be displayed in a prominent position where members of the public can clearly see it.
The licence holder must make reasonable provision for seating where smoking is not permitted within the licensed area.
It is a condition that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of Inclusive Mobility.
A clear width of 2,000mm allows two wheelchairs to pass one another comfortably. This should be regarded as the minimum under normal circumstances. Where this is not possible because of physical constraints 1,500mm could be regarded as the minimum acceptable under most circumstances, giving sufficient space for a wheelchair user and a walker to pass one another. The absolute minimum, where there is an obstacle, should be 1,000mm clear space. The maximum length of restricted width should be six metres (see also Section 8.3). If there are local restrictions or obstacles causing this sort of reduction in width they should be grouped in a logical and regular pattern to assist visually impaired people. It is also recommended that there should be minimum widths of 3,000mm at bus stops and 3,500mm to 4,500mm by shops though it is recognized that available space will not always be sufficient to achieve these dimensions. Where a cycle track runs alongside a footway or a footpath, best practice is to physically segregate the two as advocated in Local Transport Note (LTN) 2/86 Shared Use by Cyclists and Pedestrians. If this is not possible, appropriate tactile surfaces should be used to identify the cycle and pedestrian paths (see Section 4.5). The cycle track should be at least 1,400mm wide with the cycle symbol on the ground every 50 yards. The pedestrian part should meet the standards given earlier in this section and should be separated from the cycle track by a raised dividing line 150mm wide and 12 to 20mm high, with a 50mm wide top face.
The council may, by service of a notice in writing on the licence holder or owner of the premises, revoke the licence forthwith:
- in an emergency or in the event that the council considers the exercise of the licence causes a substantial and unreasonable obstruction of the right of the public to pass or repass on the public highway.
- if any condition of this licence is broken.
- if the council considers it to be necessary in connection with the exercise of any of its functions or the functions of any statutory undertaker or public utility.
- for any other reasonable cause.
Last updated: 16/08/2023 14:45:11