Business and Planning Act 2020 (Pavement Licences)
- The grant of this licence does not imply an exclusive right of use of the area of public highway. The licence holder should be aware that Telford & Wrekin Council and others (e.g. emergency services, statutory undertakers) will need access at various times (including emergencies) for maintenance, installation, special events, improvements etc. This may mean that the operations allowed under this Licence will need to cease for a period of time. Reasonable notice will be given where practicable. On such occasions Telford & Wrekin Council will not be liable, and will not compensate the Licence holder, for any losses what so ever.
- This licence is issued under the Business and Planning Act 2020 (The Act) by Telford & Wrekin Council for the period stated on the licence to the licence holder to place furniture as defined by the Act for the sole purpose of the serving of and consumption of refreshments such as food and/or drink”) on an area of public highway as delineated by the blue line on the attached plan (the “licenced area”).
- The Licenced area may only be used during the days and hours stated on the Licence and these hours will not be earlier than 7am and no later than 10pm.
- All customers must be seated with no vertical drinking.
- The licence holder shall at all times be responsible for compliance with the terms and conditions of this licence and any applicable legislation or statutory guidance in place at that time.
- The licence holder must have Public Liability Insurance in the amount of £5 million in respect of any one incident. This insurance must indemnify Telford & Wrekin Council against all claims for injury, damage or loss to users of the public highway, arising from the use of the highway for the licenced purpose.
- If for whatever reason and/or period of time the required public liability insurance policy is not in force, Telford & Wrekin Council shall be deemed to have withdrawn this licence for the period during which the said policy is not in force and the licence holder may be held liable for obstruction of the highway and prosecution under Section 137 of the Highways Act 1980.
- The licence holder shall make no claims or charges against Telford & Wrekin Council in the event of loss or damage of property in any way from whatever cause, except where the same is attributable to negligence of the part of the Council, its officers or agents.
- If on expiry of this licence, where there has been a new and valid application for a licence prior to its expiry and the Council has not determined that application, these conditions shall be deemed to remain in force such that the premises continue to operate as if a licence was in force until such time as the application has been determined by the Council.
- Any change of details in respect of this licence must be notified, in writing, within fourteen days of that change to the Licensing Service of Telford & Wrekin Council at the address below.
- The licenced area shall be clearly identifiable and all furniture may only be positioned in accordance with the plan attached to this licence.
- The licence holder shall ensure that the street amenity area is kept clean and free from litter and detritus (food and drink remnants, etc.) arising from the licenced use at all times.
- Waste from the licence holder’s operation must not be disposed of in any highway litter bins provided by Telford & Wrekin Council.
- Use of the licenced area must not interfere with highway drainage arrangements.
- Any furniture in the licenced area must not be erected or positioned in such a manner as to:
- impede the safe passage of vehicles, cyclists or pedestrians along the public highway
- prevent access to bus stops, taxi ranks or other premises frontages
- cover any signs or markings relevant to the highway
- obscure any signs, especially on or near junctions
- obscure the visibility of users of the highway on or near junctions
- prevent access to any service covers or apparatus
- be placed on or near to tactile paving and dropped kerbs
- be permanent fixtures or involve the excavation of, or the fixing of anything to, the highway, highway structures, or highway furniture which must be left entirely undisturbed.
- The licence holder shall remove all furniture from the licensed area:
- outside the permitted hours stated on the licence
- immediately if required by reasonable request at any time by an officer or agent of the Council or the Emergency Services
- as necessary to permit works in, or the use of, the highway by the Council, Emergency Services, and any service undertakers.
- Telford & Wrekin Council is 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 licenced hours, or should any terms or conditions of this licence be breached. The Council will not be responsible for its safekeeping.
- Any costs incurred as a result of damage to the highway, due to the positioning of barriers, tables or chairs, will be recovered in full from the licence holder by the Council.
- No alcohol shall be consumed within the licenced area except in compliance with the appropriate licensing laws.
- No amplified music or sports commentary is permitted to be played in the licensed area.
- No barbecues, fire pits or naked flames are permitted in the licensed area.
- Telford & Wrekin Council reserves the right to revoke this licence at any time if any of the above terms and conditions are not fulfilled and maintained.
- A copy of this licence with a plan of the licenced area must be displayed in a prominent public position on the premises.
If it appears to Telford & Wrekin Council that the licence holder to whom the Council has granted permission under the Act has committed any breach of the terms and conditions of that licence, they may serve a notice on the licence holder requiring them to take such steps to remedy the breach as are specified in the notice within such time as is specified.
The licence holder’s attention is drawn to Part 1 of the Business and Planning Act 2020 which sets out the powers of the Council in the event of a failure to comply with the terms and conditions of the licence.
Address for correspondence:
Last updated: 28/07/2021 11:27