POLICY FOR LICENSING OF REFRESHMENT FACILITIES
(STREET CAFES) ON PAVEMENTS AND PEDESTRIANISED AREAS
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
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
- 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
- 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
- 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
- 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
- Economic Prosperity
- Community Safety
Last Updated: 31.03.2009 at 15:04