Pavement licence conditions

Standard Conditions of Pavement Licence Consent

1. The Metropolitan Borough of Bury (“the Council”) pursuant to the Business & Planning Act 2020 amended by The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023 here by authorises the placement of tables and chairs on the public highway, in accordance with clause 7 below.
2. The Licensee shall indemnify the Council and shall supply a policy of insurance indemnifying himself and the Council against any injury or damage to any person or property and against any claim liability expense or damage arising by reason or in consequence of the permission granted. The policy shall provide cover of not less than £5,000,000 in respect of anyone accident or series of accidents arising from one incident unlimited during the period of the insurance.
3. The Licence shall not in any way interfere with the surface of the public highway. The licence holder is not permitted to make any fixtures, or excavations of any kind, to the surface of the highway. Any costs incurred as a result of damage to the highway, due to the positioning of tables and chairs etc., will be recovered in full from the licence holder by the Council.
4. The Licence does not confer on the Licensee any right of ownership of the adopted highway within the area designated for tables and chairs.
5. This Licence does not absolve the Licensee of any Planning, Environmental Health, Licensing or other Regulations.
6. The designated area may only be used for the purpose allowed within the Licence.
7. The amenities shall be removed from the public highway when not in use, in accordance with agreed times and days of operation, and in any case the highway shall be clear by no later than 23.00 hours. The Licensee will be required to revert the area for normal highway use outside the agreed operating hours in a clean unobstructed state.
8. A minimum unobstructed footpath width of 1.8 metres must be provided for safe and convenient pedestrian movement at all times. This distance being measured from the edge of the licensed area to any significant amount of street furniture (such as lamp posts, bollards, parking meters etc.). Where there is a heavy pedestrian flow additional footpath space may be required.
9. The licensee should ensure that the area operates in a safe and orderly manner, thereby ensuring that any safety risk or nuisance to customers, other users of the public highway or any adjacent land or premises, is minimised. For the avoidance of doubt, this includes maintaining social distancing within the trading area as determined by the Covid-19 risk assessment.
10. No speakers or playing of music shall be permitted.
11. No electrical cables shall be run along the ground in such a way that they create a trip hazard or are susceptible to mechanical damage.
12. The Licensee shall at all times when the pavement café is in operation make available for customers toilets and hand washing facilities, to wheelchair accessible standards where it is practicable and reasonable to do so.
13. The Licensed Area shall be vacated immediately if requested by the Council, Greater Manchester Police or other emergency service, statutory undertaker etc. for any reasonable cause, without any liability for compensation, refund of application fee, or damage arising.
14. The Council reserve the right to request the clearing of the Licensed Area if required for the purposes of public safety.
15. The Licensee shall ensure all alcoholic and soft drinks for consumption on the street are served in plastic containers. No glass drinks containers shall betaken outside the premises.
16. This Licence must be prominently displayed in the window of the premises, so that users of the amenities may see it. Failure to do so may result in the withdrawal of the Licence by the Council.
17. The Licensee shall ensure sufficient and suitable litter receptacles are provided for use within the designated area and/or that tables are regularly cleared and litter removed. The Licensed Area must be regularly cleansed and floor debris and other waste immediately removed to the Council’s satisfaction.
18. Details of the furniture needs to be submitted within the application to enable the Council determine the suitability for use on the highway. Any furniture shall be maintained in a safe and suitable condition for the purpose at all times.
19. The Licensee ensures that the tables and chairs do not extend beyond the designated area or cause an obstruction or danger to pedestrian safety. The Licensee ensures that no serving of food and drink to the seating area or clearing of tables after use encroaches onto the public highway outside of the licensed area. The applicant may be asked to provide a well designed and constructed physical barrier or roped area of approximately 0.8 metres in height to designate the area and to guide persons with sight disability around the use. Such barriers must not be permanently fixed to the ground and must be of a style, design and type to be agreed by the Council.
20. Furniture shall not be positioned so as to obstruct sight lines for drivers of vehicles at junctions.
21. The sale of takeaway food from outside the premises will not be allowed under this Licence. The seating area must be served directly from adjacent building premises where the food is prepared and sold.
22. Should the Licensee disregard any of the above conditions or any additional conditions imposed in the granting of this Licence, we reserve the right to suspend or cancel the Licence immediately. Under such circumstance no monies will be refunded to the Licensee for the suspended or cancelled periods of the Licence. Upon such termination the Licensee shall comply with any reasonable steps required by the Council for the removal of the amenities, and cleaning of the public highway subject to this consent. In default the Council may take such steps and recover from the Licensee its reasonable costs in so doing.
23. Any Notice to be given to the Licensee shall be deemed to be sufficiently served if addressed to the Owner and sent by post or left at the premises.
24. Unless otherwise stated the consent hereby granted is for a period which expires on 30 September 2024. Any licence which is associated with a Traffic Regulation Order for a road closure is granted for a period of three months from the date of determination, with a review to consider any extensions. Upon the expiration of the licence, an application for renewal of consent must be made.
25. Special conditions, over and above any conditions here in, may be required by Bury Council or Greater Manchester Police. Such conditions will not affect the granting of the Licence, but may affect its renewal if the conditions are not adhered to.
26. The Licence shall be rendered invalid should the Licensee cease to own the premises or cease employment. The licence is not transferable.
27. The licence holder is not to make or cause to be made any claim against the Council in the event of any property of the licence holder becoming lost or damaged in any way from whatever cause.
28. Upon expiry or revocation of the permission the Licensee must remove all equipment from the highway and reinstate the highway to its former state and condition and in default thereof, the Council will be empowered to carryout such work of reinstatement and recover the expense in so doing from the Licensee.
29. The pavement licence must be complaint with and operated in line with all relevant Covid regulations, restrictions and guidelines and continue to be so at all times.

 

Standard informative

This consent is without prejudice to, and shall not be constructed as derogating from, any of the rights, powers and duties of the Council pursuant to any of its statutory functions or in any other capacity and, in particular, shall not restrict the Council from exercising any of its powers and duties under the Highway Act1980 (as amended).