Temporary tables and chairs licence terms and conditions under the Business and Planning Bill 2020
1. Any permission is personal to the Licensee.
2. The licence document must be displayed at all times in clear view for inspection by the Council’s Licensing Officers.
The proposed area for tables and chairs will give enough space to allow people to pass whilst keeping the appropriate social distances - from July 4 2020 businesses should ensure that where possible a 2 metre gap should be in place but if this is not possible then this gap can be reduced to a minimum of 1 metre with the appropriate mitigation.
3.1 A scale plan is provided with the application.
3.2 A photo/brochure of the intended furniture is provided with the application.
4. No A boards are to be used.
5. The Licensee shall make no claim or charge against the Council in the event of the chairs or tables and other objects being lost, stolen or damaged in any way from whatsoever cause.
6. The Licensee 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 erection, maintenance or use of the chairs and tables and other objects and for this purpose shall take out at the Licensee's expense a policy of insurance approved by Council in the sum of up to £5 million pounds if
a. not within 9ft of live carriageway
b. extent of site defined accurately
c. no conflict with loading/unloading hour.
£10 million pounds where one or more of the above cannot be met. In the respect of any one event and shall produce the current receipts for premium payments and confirmation of the annual renewals of the policy.
7. The area is to be used solely for the purpose of consuming refreshments purchased food and drink..
8. The chairs and tables and other objects shall be free standing. No fixtures shall be made to, or excavations of any kind made in the surface of the highway which shall be left entirely undisturbed.
9. There shall at all times be adequately spaced and unobstructed gangway maintained between the tables and chairs.
10. Patrons must not be allowed to move or relocate chairs or tables from their permitted position.
11. The Licensee must actively manage and supervise the external seating area at all times to ensure that there is no obstruction to the highway or antisocial behaviour.
12. Unless specified otherwise in the Licence document, a minimum of 1.5 metres of space either on the footpath or to the public highway kerb edge will be kept free of any obstructions. This space is reserved for the movement of pedestrians and should at no times not be blocked by street furniture or by Patrons.
13. Only Patrons purchasing food and drink from the Premises may be permitted to use the tables and chairs.
14. No charge shall be made by the Licensee for the use of the chairs and tables and other objects.
15. No waste from the Licensee's operation shall be disposed of in the permanent litter bins provided by the Council.
16. The external seating area must be kept free of refuse, regularly cleaned and tables should be cleared and cleaned regularly. If possible waste receptacles should be provided, and emptied at regular intervals. The Licensee must implement necessary measures to prevent the escape of waste.
17. The Licensee shall remove the chairs and tables and other objects from the highway immediately if required to do so as to permit the use of or works in the highway by:
(a) the Council, the County Council, the Police, fire and ambulance services, any statutory undertaker or telecommunications code operator or;
(b) builders' vehicles, hearses and furniture removal vans and to cease using the area when this is required for an alternative use.
18. The Licensee shall not use the supplies of services in the Council's bollards.
19. As part of the statutory procedure, which the Council are obliged to adopt, it is a requirement that the Licensee posts a notice on site informing the public of the proposal to issue a licence, giving them the opportunity to object. Failure to comply with the requirement to affix the notice for the relevant period would result in the Licence being revoked.
20. Without prejudice to Condition 16 the Licensee shall remove all tables, chairs and other associated items from the highway when the premises are closed or no later than 10pm which ever is the earliest (unless otherwise stated on your licence) and store the same securely when the premises are closed. When all items are fully removed the business operators must ensure that the external seating area is left clean and tidy at the end of each trading day.
21. No alcohol shall be consumed in any outside area not covered by a Premises Licence or Temporary Event Notice.
22. The Licensee shall be responsible for any rates, taxes and other outgoings which may be charged.
23. Requests for other objects to be placed on the highway will not be permitted.
24. 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.
25. Use of canopy, awning or structure.
- Businesses should not excavate, drill or alter the surface of the public highway for any item of furniture.
- Any canopy, awning or structure should be safe and secure, whether that is a temporary weighted system and/or affixed to the property in question. All canopy or structures should be regularly checked by the responsible business and ensure that there are no health and safety issues that could affect the highway user. Any risk associated with the aforementioned items will fall directly to the responsible business.
- Any canopy, awning or structure should be restricted to the agreed extent of pavement licence, not extending or overhanging beyond this point.
- Any canopy, awning or structure should be mounted at least 2.3m above the surface of the highway.
- Accessibility of the public highway in terms of future maintenance, whether that be street cleansing or highway safety inspections, should be maintained so that statutory functions can still be delivered.