Transcript
Pavement Café Policy
Published by Redcar and Cleveland Borough Council
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Contents
1.0 2.0 3.0 4.0 5.0 6.0 7.0
Introduction .......................................................................................................................... 3 Required Permissions .......................................................................................................... 3 Layout and Design ............................................................................................................... 4 Furniture............................................................................................................................... 4 Other Issues......................................................................................................................... 5 Application Process.............................................................................................................. 5 Contact Details..................................................................................................................... 6 Appendix 1
Licence Conditions ......................................................................................... 7
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1.0
Introduction
1.1
For the purposes of this policy, Pavement Cafés are considered to be tables and chairs placed within a designated area on a public highway where food and/or drink is served.
1.2
Redcar & Cleveland Borough Council supports the provision of pavement cafés which can promote the regeneration and economic development of town centres, making the Borough an attractive place to visit and live. Good quality pavement cafés can contribute to a relaxed and sociable style of eating and drinking while maximising public spaces to aid the local economy.
1.3
The purpose of this policy is to ensure that any pavement cafés are operated to a high standard within the specified requirements and should be used as a guide for applicants of pavement café licences.
1.4
Although the Council is prepared to encourage outdoor cafés across the whole Borough, each application will be considered on its own merits and some pavement cafés cannot be accommodated in certain areas due to such factors as width restrictions, obstructions or heavy pedestrian flows.
1.5
Before granting a Pavement Licence, the Council must be satisfied that the public’s rights to use the highway are not affected detrimentally.
2.0
Required Permissions
2.1
Permissions to use highways for pavement cafés are granted by the issue of licences by the Council under Section 115E of the Highways Act 1980. Tables and chairs placed on a highway without permission are an illegal obstruction and the Council will take enforcement action to remove such obstacles.
2.2
To serve alcohol at a pavement café a Premises Licence issued under the Licensing Act 2003, which includes the area of the proposed pavement café, is required. Application forms and guidance for a Premises Licence are available from the Council’s Licensing Team (see section 7 of this policy for contact details).
2.3
Sub-section 62(1) of the Control of Pollution Act 1974 bans the use of a loudspeaker between the hours of 9.00 pm and 8.00 am. A loudspeaker includes a megaphone or other amplifying instrument. It is an offence under this Act to use loudspeakers in the street at any hour for advertising any entertainment, trade or business. Advice on how to minimise noise disturbance can be obtained from the Council’s Environmental Protection team (see section 7 of this policy for contact details).
2.4
Food businesses are required by law to be registered by the local authority and this can be done by obtaining an application form from the Council’s Food Safety team (see section 7 of this policy for contact details).
2.5
The Council will require the licensee to take out third party public liability insurance in the sum of at least £10,000,000.
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3.0
Layout and Design
3.1
Where it is proposed to locate a pavement café in an area which is not directly in front of an existing premises then applicants should include details of how the café area will be supervised and managed to ensure that all conditions of the licence are adhered to.
3.2
A clear pedestrian route must be maintained at all times with a minimum width of 1.5 metres between the café boundaries and the kerb. In a pedestrianised area there must be at least 3 metres of unobstructed space in front of the café to allow for emergency vehicles.
3.3
Access and egress from adjacent premises must be unobstructed.
3.4
A plan of the area of highway showing the proposed café layout must be included in the application. Unless previously agreed in writing between the applicant and local authority, the plan must be drawn to a scale of 1:50 and include the layout and maximum number of seats and furniture to be used. When the plan has been agreed, it will form part of the licence and must be kept on the premises and be available for inspection at all times.
3.5
The layout of furniture and means of enclosure must allow adequate provision for customers with impaired vision, mobility difficulties and people pushing prams.
3.6
The pavement café must be situated in a manner so as not to obstruct drivers’ sightlines or obstruct highway signs.
3.7
Adequate lighting must be provided whenever lighting levels are reduced. This should be indicated on the application form.
3.8
A barrier of approximately 1 metre in height must be provided to guide people with disabilities safely around the boundary of the pavement café. The barrier must not be permanently fixed to the ground where there is a public highway. If in any doubt, please consult the Council’s Highway section.
3.9
Post and chain or rope barriers are potentially hazardous to pedestrians, particularly the visually impaired, and are not considered suitable.
3.10
Structures must be sturdy enough to prevent collapse if accidentally walked or stumbled into. They should consist of at least 2 solid horizontal elements; the lower element should not be more than 155 mm above the ground and the second element between 800 and 1000 mm above the ground.
4.0
Furniture
4.1
The furniture, including the use of umbrellas, used for the pavement café must be of a good quality and uniform style and will be subject to approval by the council.
4.2
Umbrellas must not overhang the boundary of the pavement café and must remain closed in periods of high winds.
4.3
Any patio/space heaters must be specified as part of the application and their proposed locations shown on the site layout plan.
4.4
All furniture, accessories and boundaries must be removed from the public highway within 30 minutes of closing the pavement café.
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5.0
Other Issues
5.1
The licensee will be responsible for the cleanliness of the pavement café area at all times. The immediate area surrounding the café must be kept clear of litter.
5.2
It will be the responsibility of the licence holder to ensure the café is operated in accordance with the conditions of the licence.
5.3
Where drinking takes place in the pavement café, polycarbonate drinking vessels must be used.
5.4
Every effort should be taken to avoid damage to the highway or adjoining property. Any damage caused by any activity in connection with the pavement café operation will be recharged to the licensee.
5.5
The licensee is responsible for the conduct of people within the pavement café, rowdy or unruly behaviour may lead to the withdrawal or non renewal of the licence.
5.6
A licence to operate a pavement café does not imply an exclusive right to the area. The Council reserves the right to temporarily suspend the licence for any reason if it becomes necessary.
6.0
Application Process
6.1
To apply for a Pavement Café licence, an applicant or agent applying on behalf of an applicant, must complete the Council’s Pavement Café Application Form.
6.2
The application must include a scaled plan of the proposed café area as detailed in section 3.4.
6.3
The application must be supported by a written operating schedule detailing the proposed furniture, means of enclosure and any other relevant information.
6.4
Under the provisions of the Highways Act 1980 the Council is obliged to publish street notices which have to be in place for not less than 28 days. These notices set out the details of the application offering anyone that may be affected by the pavement café the opportunity to make representations.
6.5
The Licensing Team will consult with the following stakeholders; Cleveland Police, Environmental Health, Highways, Planning and, in the case of applications for premises situated in Redcar High Street, the Town Centre Manager, or anyone else the Council deem necessary. Their views will be taken into account when determining a licence application.
6.6
Any representations received from the above stakeholders or anyone who will be affected by the operation of the proposed pavement café will result in the application being referred to the licensing committee for determination.
6.7
Completed application forms, the relevant fee and associated documentation should be submitted to Redcar and Cleveland Borough Council, Area Management Directorate, Operations and IT Division, Regulatory Services, Belmont House, Guisborough, TS14 7FD.
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7.0
Contact Details
7.1
Further information and guidance can be obtained from the Council’s Regulatory Services Team regarding a number of areas which includes Licensing, Environmental Protection, Food Safety, Health and Safety and Trading Standards. Redcar & Cleveland Borough Council Area Management Directorate Operations and IT Division Regulatory Services Belmont House Rectory Lane Guisborough TS14 7FD
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Appendix 1 Licence Conditions 1.
The licensee may use the land for the placing of tables and chairs in the course of his business only during the hours permitted by the licence within the defined area.
2.
The tables and chairs placed on the highway after the granting of a licence must be in accordance with the details provided at the time of the application and the plans attached to the licence.
3.
Outside the hours stated on the licence all tables, chairs, barriers and umbrellas must be removed from the highway.
4.
The licensee may only use the area for the purposes of consuming refreshments in connection with the business only and not for any other purpose.
5.
No other items may be placed on the highway within the licensed area other than that approved in accordance with the application and the licence when granted.
6.
The licence may be suspended where necessary to allow highway maintenance and any other necessary remedial work to be carried out at the location covered by the licence. The Council will not be liable for any loss of earnings arising from the suspension of the licence.
7.
Any tables, chairs and umbrellas provided must not protrude beyond the designated boundary of the licensed area. They shall be kept in good condition so as not to detract from the appearance of the street.
8.
The placing of speakers or any other amplification equipment within the licensed area is strictly prohibited unless authorised by a premises licence issued under the Licensing Act 2003.
9.
Any sales of alcohol within the licensed area must be authorised by a premises licence issued under the Licensing Act 2003.
10. The licensee is responsible for carrying out the reinstatement of the highway in the event of any damage occurring as a result of the operation of the pavement café. The permanent surface reinstatement shall be carried out to the satisfaction of the Council. 11. The licensee must take out public liability insurance to the sum of £10,000,000, the policy must be available for inspection on the premises by council officers. 12. The public area immediately surrounding the premises shall be regularly cleared of waste food containers, wrappings etc, during the stated operating hours and at the end of each trading day. 13. The licence is granted for a period of 12 months and will not be renewed automatically.
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