North Devon Council conditions applicable to all pavement licences

Note, other conditions may be added at the discretion of the council on an individual licence basis if it is felt necessary to fulfil the purpose of meeting the requirements of the licence. Additionally, conditions may be varied.

National conditions

1. No obstruction condition

Nothing must be done by the licence-holder to:

• prevent traffic, other than vehicular traffic, from—
  • entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway)
  • passing along the relevant highway
  • having normal access to premises adjoining the relevant highway
• preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order
• preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
• preventing the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway

Particular regard must be had to the needs of disabled people, and the recommended distances required for access by disabled people as set out in guidance issued by the Secretary of State. See Section 3 Inclusive Mobility

2. Smoke-free seating condition

Where the furniture to be put on the highway consists of seating by use of persons for the purpose of consuming food or drink, the licence holder must make reasonable provision for seating where smoking is not permitted.

Local Conditions

3. The licence holder shall only trade on the days and between the times stated on the licence
4. The licence holder shall only use furniture stated on the licence
5. The licence holder shall not carry on business from any vehicle or erect or place any stall or other structure in any street except in the area mentioned in the licence
6. The licence holder shall on all occasions, when carrying on business, be strictly sober, and conduct him/herself in a proper, civil and courteous manner, and he/she shall not carry on his/her business in such a way as to cause annoyance to the occupier or person in charge of any shop, business, resident, or any person using the street
7. The licence holder shall at all times conduct his/her business in a clean and tidy manner
8. The licence holder shall make no fixtures to or excavations of any kind in the surface of the highway, which shall be left entirely undisturbed
9. The licence holder shall ensure that a copy of the licence is clearly visible to the public and made available upon request to an authorised officer of the council or the police
10. If, during the life of a licence any change occur in the facts of that were supplied with the original application the holder of the licence shall report such changes to the council within 72 hours of that change
11. The licence does not permit the playing of music, singing or performance of entertainments, or the use of an external public address system or speakers, on the highway, including within the licensed area. The licensee is to ensure that any noise disturbance to the neighbourhood, including noise from patrons, is kept to a minimum and does not cause offence
12. The licence holder shall make no claim or charge against the council in the event of any item being displayed or used being lost, stolen or damaged in any way from whatever cause
13. Advertisements or other notices shall not be placed in the immediate area of the premises without approval of the council. No displays will be affixed to the highway or to the street furniture
14. The licence holder shall not place any furniture or equipment in the immediate area of the premises other than as permitted by the licence. All furniture under the terms of the licence shall be kept within the area specified in the licence and removed from the highway outside of licensed hours
15. Waste from the licence holders operations must not be disposed of in the permanent litter bins provided by the council. Any commercial premises must have a trade waste agreement in place and waste receptacles kept within the boundaries of the premises apart from on the day of collection
16. The council reserves the right to alter or amend these conditions at any time
17. Licenses are not transferable and the subletting of any licence is prohibited. The licensee shall be responsible for any rates, taxes and other outgoings which may be charged
18. The licence holder shall be responsible for the temporary storage of refuse, liquid and other material accumulated or created whilst trading and its subsequent removal from the site. The removal and disposal must be to the satisfaction of the council
19. 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 use of the chairs and tables and other objects and for this purpose must take out at the licensee’s expense a policy of insurance approved by the council in the sum of at least £5,000,000 in respect of any one event and produce to the council on request the current receipts for premium payments and confirmation of the annual renewals of the policy. A valid third party public liability insurance certificate shall be held by the licence holder at all times to the satisfaction of the council
20. The licence holder must comply with any reasonable request of an authorised officer of the council or a police officer, providing such request does not require excessive additional expenditure
21. The granting of a licence by the council does not give any approval other than the permission which the council is authorised to give under the Business and Planning Act 2020
22. The licence holder shall ensure that where available on the premises, sanitary accommodation is available for any customer using any chairs or seating provided by the business
23. Only food or drink sold in the relevant premises can be served, and the area so permitted is to be used solely for the purpose of consuming refreshments
24. Any furniture used in the licensed area must be of sufficient high quality and appearance as not to be detrimental to the area. Any furniture or associated item must be in a good state of cleanliness and repair at all times, and uniform in appearance for the premise
25. The licensed holder must ensure that the trading area is kept clean and tidy by periodic litter picking. If a licensee damages or fails to cleanse the highway or remove refuse from within the trading area, the council will take remedial action and the cost charged to the licensee
26. The licensee shall take measures to discourage the feeding of birds, vermin etc., by patrons and put in place appropriate measures. More specific advice can be obtained from Environmental Health and Housing Services
27. Any furniture or equipment must not overhang the designated tables and chairs areas, and be stable enough (eg. weighted down) to withstand wind or accidental contact. No advertising should be on them apart from that related directly to the name of the company/premises
28. If heaters are proposed the heaters must meet BS Standards BS EN 60529:1992 (electric heaters) and BS EN 14543:2005 (gas heaters)
29. The licence holder shall remove tables and chairs from the highway outside trading hours (unless permitted not to) and immediately if required to do so to permit works in or the use of the highway by the council, the police, fire and ambulance services, any statutory undertaker or telecommunications code operator
30. No alcohol shall be consumed on the highway unless a licence has been issued by the local authority licensing team (existing premises will have this exemption under the Business and Planning Act 2020, but no premises without an existing alcohol licence is permitted to sell alcohol or conduct a licensable activity except the provision of furniture under a pavement licence)
31. At all times, a minimum clear footways of 2 metres must be aimed for. You must take into consideration of the inclusive mobility guidance issued by Government, especially Section 3, that can be found on Gov.uk
32. An unimpeded pedestrian route must be maintained at all times for people wishing to use the footway as per the national licence conditions
33. The area designated under the licence must be inspected by the licence holder every morning to ensure the highway area is in good repair. Any cracks, damage or areas of risk must be reported to Highways at Devon County Council on the same day of discovery
34. The operation of the area must not interfere with highway drainage arrangements
35. 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 Highways at Devon County Council
36. Any furniture used must be arranged to comply with any government guidance including around covid-19 and social distancing
37. Any furniture used that has not been approved or licensed by the council can be subject to removal by the council, who will charge for any storage and dispose of it after 14 days if not claimed
38. The operation of this licence does not override any Public Space Protection Order (PSPO) regulating the consumption of alcohol in a public place. See North Devon Council’s website for information about where they are in force. Individuals are advised to gain a licence under S115E of the Highways Act 1980, via Devon County Council, should they wish to allow their patrons to consume alcohol in any Pavement Licence area covered by a PSPO
39. North Devon Council reserves the right to revoke this licence at any time if any of the above conditions are not fulfilled and maintained
40. Where a licence is granted for an area of highway in front of an alternative premises to that of the applicants, and for which permission is gained from that third party to use the area, if this permission is subsequently withdrawn during the period of licence, then that licenced area or part of the licensed area may not be utilised.