The Highways Act 1980, Section 115, empowers the Council to issue licences for the “provision, maintaining and operation of facilities for refreshments on the highway” – ie street cafes.

The licensing of stalls for Street Trading and of premises which sell alcohol is covered by other legislation and is separately administered by the Council’s Licensing Section. However, premises which are licensed to sell alcohol will need to obtain a separate licence, as set out in this policy, if they wish also to provide tables and chairs on a pavement or pedestrianised area outside the premises.

Street cafes add to the colour and atmosphere of towns in the County Borough. The Council is keen to encourage that where they are set up they are of good quality and properly designed. Therefore, to contribute to Corporate and Community Plan Aims of promoting economic development and community safety and developing vibrant town centres, whilst maintaining ease of access for all sectors of the community, the Council will:-

  • Issue licences for the placing of tables and chairs outside cafés, pubs and similar premises for the purpose of serving refreshments.
  • Judge each application for a licence on its merits, taking into account factors including :
  • whether or not the location is in a pedestrianised area
  • the volume of both pedestrian and vehicular traffic at the location
  • the available pavement width
  • existing street furniture in the vicinity
  • the need to ensure unimpeded passage for pedestrians and access at all times for emergency services.
  • Publish, and periodically review, guidelines on the criteria on which licence applications will be judged and the requirements for the layout and demarcation of licensed areas.
  • Determine the duration of, charge for, and conditions to be attached to each licence, including the location and extent of the area of land covered, and arrangements for proper demarcation of the area.
  • Require all licence holders to indemnify the Council against all claims and liabilities arising out of the use of the licence by maintaining in force a public liability insurance policy to a value to be determined, and periodically reviewed, by the Council.
  • Require all licence holders to put in place appropriate arrangements to deal with litter, food waste, spillages etc. arising from their activities such that those activities do not detract from the area in the vicinity of their premises.
  • Require every applicant for a licence to obtain any other form of licence or necessary consent for the proposed activity.
  • Revoke a licence if the conditions attached to it are not fulfilled.
  • Take enforcement action, under powers conferred by the Highways Act 1980, against any obstruction of pavements and pedestrianised areas by unlicensed refreshment facilities.

This policy has cross-cutting themes which complement Corporate Objectives for:-

  • Environment
  • Economic Prosperity
  • Community Safety

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Last Updated: 31.03.2009 at 15:04

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