Pavement Licence - Standard conditions, national conditions and smoke-free seating conditions
The following standard conditions, national conditions and smoke-free seating conditions apply to all Pavement Licences issued by Basildon Council.
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- Permission to operate a pavement licence does not imply an exclusive right to the area of public highway. The licence holder must be aware that Basildon Borough Council and others (e.g. police, highways authority, statutory undertakers or telecommunications code operators) will need access at various times (including emergencies) for maintenance, installation, special events, improvements etc or any other reasonable cause. This may mean that the pavement licence will need to cease operating and/or be removed for a period of time. On these occasions there will be no claim against Basildon Council or Essex County Council for any loss of revenue.
- The licence holder will be responsible for ensuring that the designated area is set out and managed in a way that maintains appropriate levels of social distancing and associated customer behaviours during COVID19 restrictions defined within government guidance and assessed through a suitable risk assessment process.
- Basildon Borough Council requires evidence that the licence holder has Public Liability Insurance for the operation of and throughout the duration of the pavement licence. This must indemnify Basildon Borough Council and Essex County Council against all actions, proceedings, claims, demands and liability which may at any time be taken made or incurred arising out of the grant of this permission and for this purpose must take out at the Licensee's expense a policy of public liability insurance to the sum of at least £5 million in respect of any one event.
- Tables and chairs must not be placed in position outside of permitted days and times. When the licence is not in use, all tables and chairs and other furniture must be stored securely inside a premises away from the highway.
- Basildon Borough Council and/or Essex County Council are empowered to remove and store or dispose of furniture from the highway, at the cost of the licensee, if it is left there outside the permitted hours, or should any conditions of the licence be ignored. The Council will not be responsible for its safekeeping.
- The licence holder is not to make or cause to be made any claim or charge against Basildon Borough Council or Essex County Council in the event of any furniture or other objects being lost, stolen or damaged in any way from whatever cause.
- An unimpeded pedestrian route must be maintained at all times for people wishing to use the footway as per the National Licence Conditions. The licensee shall not place furniture on the highway outside the permitted area of use.
- Despite this consent, the authorised area shall always remain part of the public highway and users of the highway are still entitled to exercise their right of passage over them.
The Licensee is responsible for ensuring that no statutory undertaker's apparatus is affected by the exercise of this consent.
Unless separately agreed by the Licensing Department the method of marking the boundary of the licensed area shall be;
• A fixed barrier system, that is suitably stable not to be easily blown or knocked over.
• A colour that is suitable contrasting with the surrounding environment to ensure it can be easily seen.
A safe pathway for pedestrians of a minimum of 2 metres or 2.5 metres in busy locations of footway must be maintained at all times.
Emergency routes to the premises and adjacent buildings must not be obstructed by the Pavement Licence (Pavement Permit), which should not, in normal circumstances, extend beyond the width of the premises frontage. Neither the barriers, or tables and chairs must obstruct entrances into or out of the establishment.
Tables and chairs should be of an approved type and should be kept in a good state of repair. Furniture should be placed so as not to obstruct driver sightlines, or road traffic signs. Placement of tables and chairs must allow pedestrians to use the footway parallel to the frontage of the premises. Care should be taken in the use of hanging baskets, awnings, protruding umbrellas etc. Alternative items may not be used without first seeking the written authority of the Council. Patio heaters must not be used.
All potential obstructions must be removed from the public highway when the premises are closed to prevent a safety hazard to pedestrians, particularly during the hours of darkness. No furniture is to be placed or kept on the permitted area when the premises is not open or trading, nor placed on the highway other than in the layout shown on the approved plan.
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. The authorised area shall be supervised by competent staff or the Licensee at all times during the exercise of this consent who shall take all reasonable steps to ensure compliance with these conditions.
The permitted area shall be used solely for the purpose of consuming refreshments by persons seated at tables within the permitted area.
No charge shall be made by the Licensee for the use of the furniture.
Where the consumption of alcohol is to take place only plastic or toughened glasses and bottles are to be permitted within the facility. The Licensee shall not permit or suffer the removal of any glassware used for the supply of refreshment provided by the public from the permitted area. Glasses supplied for the consumption of drinks on the permitted area shall be made of toughened glass or plastic only.
The operation of the area must not interfere with highway drainage arrangements.
During the hours of darkness suitable and sufficient lighting must be provided to ensure safe use of the area. Any proposals to provide additional lighting to the licensed areas must be agreed with the Highway Authority.
All detritus (food and drink remnants, spillages, bottles, cans, wrappers etc) must be regularly removed from the footway surface to reduce hazards to pedestrians. The licence holder must make arrangements to regularly check for and to remove litter and rubbish on pedestrian walkways, caused by persons using the Facility, for a distance of up to 10 metres from the boundary of the Facility. The licence holder must ensure that any tables are cleared in an efficient manner during the hours of operation. The licence holder must ensure the licensed area and surrounding highway is to be washed down at the completion of each day's usage using a method sufficient to remove food debris, grease and other spillages that may occur. Commercial waste from the licence holder's operations must not be disposed of in the litter bins situated on the highway for use by the general public provided by the Council. The Licensee shall comply with all requirements of any public health legislation for the time being in force.
The licence holder is not permitted to make any fixtures, or excavations of any kind, to the surface of the highway which shall be left entirely undisturbed. 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 Basildon Borough Council or the Highway Authority.
The Licensee of a premises not licensed under the Licensing Act 2003 or any modification or re-enactment thereof, must not allow the consumption of alcoholic liquor within the licensed area.
The Licensee of a premises licensed under the Licensing Act 2003 or any modification or re-enactment thereof, must not allow the consumption of alcoholic liquor within the Facility outside the hours in force for the premises itself.
No amplified music is allowed in the area subject to the pavement licence.
The licence must be displayed on the premises with a plan of the agreed layout of the pavement café.
23. The licensee is responsible for ensuring that the conditions of the licence and any other necessary permissions and regulations are adhered to. The Licence holder is to use the highway solely for the purpose of the licence in line with the provisions of this licence and for no other purpose whatsoever. The use of the pavement licence must not compromise the licence conditions imposed under any other legislation.
The licence holder must remove any tables, chairs and other furniture immediately at the end of the licence period or on revocation of the licence. The Licensee shall make good, to the County Council's satisfaction, any damage to the highway caused by the exercise of this consent and indemnify and keep indemnified the County and Borough Council from and against any claims, demands or proceedings in any way arising in regard thereto.
Basildon Borough Council reserves the right to revoke this licence at any time if any of the above conditions are not fulfilled and maintained.
The permission is a permission granted under Section 115E of the Highways Act 1980 and the holder(s) shall comply with and obtain all other necessary statutory consents and approvals required in connection with the exercise of a refreshment facility on the said highway and other obligations imposed by law with regards to the provision, maintenance and operation of the refreshment facility.
Without prejudice to the ability of the County/Borough Council to remove the tables and chairs, barriers, posts or other structure by reason of statute, common law, and/or breach of any of the terms and conditions of this consent, this consent shall remain in force until such time as the applicant seeks to amend its proposal, including, but not limited to the location and/or number of the tables and chairs/other structures to be placed in the highway and/or such time as the Borough Council refuse to issue the related permission.
The Secretary of State publishes this condition in exercise of his powers under [clause 5(6)] of the Business and Planning Act 2020:
Condition relating to clear routes of access
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 of Inclusive Mobility guidance published at:
Guidance on the effect of this condition
- To the extent that conditions imposed or deemed to be imposed on a pavement licence do not require the licence holder to require clear routes of access to 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 of Inclusive Mobility guidance published at:www.gov.uk/government/publications/inclusive-mobility , the licence is granted subject to those requirements.
- To the extent that a licence is granted subject to a condition which imposes requirements to maintain clear routes of access that are inconsistent with the requirements set out in this condition this condition is not imposed on the licence.
Where the furniture to be put on the relevant highway consists of seating to be used by persons for the purpose of consuming food or drink, the licence holder must make reasonable provision for seating where smoking is not permitted.
Designation of clear 'smoking' and 'non-smoking' areas with 'no smoking' signage displayed in designates 'smoke free' zones in accordance with Smoke-free (Signs) Regulations 2012.
No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
Licence holders should provide a minimum 2 metre distance between non-smoking and smoking areas wherever possible.