Pavement licence

Local conditions for pavement licences

You must read the following local conditions before applying for a pavement licence.

1. This licence is not transferrable.
2. This licence will be in force for the dates stated on the licence unless previously surrendered, revoked or suspended.
3. The area so permitted is to be used solely for the purposes of the sale and service of food and drink from the relevant premises or for consuming food and drink purchased from the premises. It is strictly forbidden to prepare any food and drink in this area.
4. The furniture shall be of such a design as approved by the council in writing and be kept in good repair and condition at the permit holder’s expense.
5. The furniture should be set out in a manner that ensures its use conforms with the business’ legal duty to manage risks to those affected by their business.
6. 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.
7. 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.
8. 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 permit holder’s expense, a policy of insurance approved by the council in the sum of at least £5 million 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.
9. No charge shall be made by the licence holder for the use of the chairs and tables and other objects.
10. Waste from the licence holder’s operations must be disposed of in accordance with their commercial waste agreement.
11. The licence holder must make reasonable provision for seating where smoking is not permitted and clear ‘no smoking’ signage must be displayed in such designated areas.
12. No ash trays or similar receptacles to be provided or permitted to be left on furniture where a smoke-free seating is identified.
13. Licence holders should aim for a minimum 2 metre distance between non-smoking and smoking areas, wherever possible.
14. Refuse and litter deposited on the highway in the vicinity of chairs, tables and other objects must be removed each day by the permit holder at their expense or at more frequent intervals as may be required by or under the Environmental Protection Act 1990.
15. The licence holder must ensure that they monitor for any potential noise nuisance or anti-social behaviour from within the licensed area and undertake suitable remedial action to rectify any issues noted.
16. The licence holder shall remove all 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 county council, the police, fire and ambulance services, any utility operator or builders’ vehicles, hearses and furniture removal vans
17. The council reserves the right to condition, suspend or revoke a licence if the licence holder breaches any of the conditions.
18. Upon request licence holders will be required to clearly define the permitted area by the use of barriers of a type agreed with the council. Details of barriers applicable to a licence are given under its site specific conditions.
19. 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.:
20. The licence holder must not prevent 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, or
    • having normal access to premises adjoining the relevant highway
21. The licence holder must not prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order.
22. The licence holder must not prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
23. The licence holder must not prevent the operator of an electronic communications code network from having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
24. The licence holder must take 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.
25. The requirement to retain a clear footway or footpath of a minimum of 2000mm for passers by may only be reduced with express permission of the licensing authority. Any reduction must be limited to a clear footway or footpath of 1500mm and will be stated as a site specific condition of the licence.

Last updated 12 April 2024