Agenda item

The Committee agreed the following Standard Conditions of Licence which would be attached to licences issued under the Licensing of Pavement Cafes Act (NI) 2014:

1.          The Licensee shall be responsible at all times for compliance with the terms and conditions of the Pavement Café Licence.

2.          The licensed area must only be used to place temporary furniture for the purpose of consuming food and/or drink supplied from the licence holder’s premises.

3.          The Licensee shall at all times ensure that the pavement café furniture is not placed outside the licensed area.

4.          The pavement café area shall not exceed the approved dimensions and shall be clearly demarcated by way of barriers, if required, as per the approved plan attached to the licence.

5.          The Licensee must ensure that clear routes along the footway/highway are maintained, considering the needs of disabled people, and that minimum footway widths and distances required for access by mobility impaired and visually impaired persons (as per the approved plan attached to the licence) are provided at all times when the licence is in operation.

6.          Only furniture permitted by the Council shall be used in the licensed area and such furniture shall be placed in accordance with the approved plan attached to the licence.

7.          All tables and chairs and other authorised furniture and barriers used in conjunction with a pavement café licence must be removeable which means that it is not a permanent fixed structure, and it is able to be moved easily (that is sufficiently portable so that it can be removed within 20 minutes) and stored away at the end of use for the day.   

8.          The Licensee shall only place furniture on the licensed area on those days and during those hours as permitted by the licence.

9.          Any furniture provided in the licensed area shall not mark or damage the surface of the pavement.

10.       Adequate storage approved in writing by the Council must be provided to ensure that furniture can be stored securely when the premises are closed.

11.       The Licensee must ensure staff regularly monitor the licensed area, and the area immediately adjacent to it, to ensure it is kept clean, tidy and litter free.   Any litter or waste arising from use of the licensed area must be cleared away a soon as is practicable.

12.       The Licensee shall ensure that adequate Public Liability insurance cover is in force to cover the licensed area and provide proof of that insurance upon demand by the Council.

13.       The Licensee shall ensure good order is maintained during all times the Pavement Café is open.

14.       The Licensee shall ensure that the pavement café is operated in a manner ensuring that there is no safety risk, nuisance, public health issue or detriment to amenity caused to other users of the highway or nearby premises.

15.       This licence does not in any way permit the playing of live or recorded music for the entertainment of customers in the licensed area.

16.       The Licensee will comply with any reasonable request from a duly authorised officer of the Council to remove such furniture and barriers from the licensed area as is necessary to facilitate the safety of the public, including the safe movement of vehicles, during special events. Licensees will be notified of any such special events at least 14 calendar days before the event where possible.

17.       Furniture shall be removed by the Licensee when reasonably required by the Council, the PSNI, emergency services or any statutory undertaker or utility provider.

18.       A pavement licence is granted subject to the preceding standard conditions. However, the Council reserves the right to add additional conditions to individual licences where it is reasonable and appropriate to do so.

Special Events

A special event includes, but is not restricted to, an event such as a rally, procession, marathon or other sporting event or an open-air concert.