- The Holder(s) shall not cause any obstruction to the highway (outside the licensed area) or danger to persons using it and shall not permit persons to gather so as to cause a nuisance or annoyance or danger to any persons lawfully using the highway.
- Not withstanding the specific requirements in condition 1 above the Holder(s) shall not do or suffer anything to be done in or on the highway which in the opinion of the Council may be or become a danger, nuisance or annoyance to or cause damage or inconvenience to the said Council or to the owners or occupiers of any adjacent premises or to members of the public
- The Holder(s) shall not make any excavations or indentations of any description whatsoever in the surface of the highway or place or fix any equipment of any description in the said surface.
- This permit does not relieve the holder from any requirements under licensing law for appropriate authorisation where it is required.
- A duly authorised Officer of the Council shall have the right to inspect the licensed area and make any suitable changes to the layout of the area if deemed necessary in the interests of highway safety.
- The Holder(s) shall maintain the licensed area and the immediate adjacent area, in a clean and tidy condition during the Permitted hours and shall leave the same in clean and tidy condition and unobstructed, which shall include (1) washing down the area, and (2) removing any refuse and litter deposited on the highway in the vicinity of the licensed area. This will be carried out whenever necessary and in a way which does not create a nuisance to other parties and neighbouring premises. Food waste must not be washed down a storm water drain
- The licensed area shall be defined with boundary railings with both a hand and tapping rail to assist people with impaired vision to recognise the perimeter. Such furniture to be an agreed standard and may be themed to match the rest of the cafe furniture. It must be maintained in a clean and tidy condition and not placed so as to obstruct any entrance or exit to buildings.
- The Holder (s) shall not display any signs, adverts or banners anywhere on the Highway or around the perimeter of the licensed area without the permission of the Council.
- The Holder(s) shall remove all furniture or equipment, litter bins, perimeter railings or other articles placed on the licensed area in accordance with this Permission at the expiry, surrender or revocation of the Permission and at the end of the Permitted Hours each day.
- The Holder(s) may from time to time be notified of temporary suspension of the permission granted to allow for maintenance, installation works or any other lawful activity (including Street Works and Road Works) to take place. In other cases, where the use of the highway alters, the permit may be revoked by issue of a notice. Permission may also be revoked for non-compliance with the above conditions and the Council shall not in any circumstances be liable to pay compensation to the Holder(s) in respect of such suspension or revocation.
- Anything done by the licence holder pursuant to the holder, or any activity of other persons which is enabled by the licence, must not have an effect of:
- Preventing traffic, other than vehicular traffic from, 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, or
- 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, or
- 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.
- A 2-meter-wide unobstructed pedestrian route shall be maintained for those walking past the premises. In no circumstances will a license be issued where this would result in a remaining usable width of pavement of less than 2 metres.
- The permit holder is to indemnify and keep indemnified the Council from and against all actions, costs, claims, proceedings, demands and liability, which may at any time arise or be incurred in consequence of the placing and maintaining the furniture and barriers on the highway or their removal from the highway, unless such claims arise of the Council’s own negligence.
- The Council will not be liable for any loss of earnings whilst repair/maintenance is carried out or special events are taking place. The consent holder must allow the Council reasonable access for such works
- All customers using the pavement consent area will always be required to be seated
- The consent 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 withdrawal or refusal to renew a licence
- No amplified music or sound is allowed in the pavement café area.
- Alcoholic and soft drinks served in the pavement licence area will be served in plastic or toughened glasses. Glasses will be removed from the public area as soon as they are finished with or empty.
- Every effort will be made to prevent any disturbance to the peace within the vicinity of our Premises.
- The premises COVID19 risk assessment must be updated to include the pavement area and be regularly reviewed.
- The licence is for tables, chairs, stalls, and barriers only. No parasols, heaters or lighting will be permitted.
- The Licensee of a premises not licensed under the Licensing Act 2003 or any modification or re-enactment thereof, must not allow the consumption of alcoholic liquor within licensed area.
- The Licensee of a premises licensed under the Licensing Act 2003 or any modification or re-enactment thereof, must not allow the consumption of alcoholic liquor within the Facility outside the hours in force for the premises itself.
- The licence must be displayed on the premises with a plan of the agreed layout of the pavement café.
The Secretary of State publishes this condition in exercise of his powers under [clause 5(6)] of the Business and Planning Act 2020:
Condition relating to clear routes of access:
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.
Guidance on the effect of this condition
- To the extent that conditions imposed or deemed to be imposed on a pavement licence do not require the licence holder to require clear routes of access to 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, the licence is granted subject to those requirements.
- To the extent that a licence is granted subject to a condition which imposes requirements to maintain clear routes of access that are inconsistent with the requirements set out in this condition this condition is not imposed on the licence.