Pavement licence

Local conditions

The following are the local conditions, which will be attached to your licence, so please consider them when making your application.

  1. The grant of a pavement licence does not imply an exclusive right of use by the licence holder of an area of public highway since the borough council, highways authority, the emergency services and other statutory undertakers may need access to the area for their functions. We will not be liable, and will not compensate the licensee, for any losses whatsoever arising from the use of the licensed area by others. When requested to do so an officer of the borough council or the emergency services the licensee must remove such furniture and fittings at the officer directs.
     
  2. The grant of a pavement licence is for the period stated upon the licence, and only to enable the licence holder to place service counters or stall, shelves, umbrellas, barriers, tables and benches within the licensed area for the stated period for the sole purpose of the service and consumption of food and/or drink in connection with the use of the licensee’s business premises.
     
  3. Where it is sited immediately in front of, or to the side of, the licence holders existing business, the licensed area must be within the width of the frontage or side elevation of the existing business premises.
     
  4. The licensee must obtain and maintain public liability insurance in the amount of £5 million in respect of any one incident, and indemnify the borough council and Staffordshire County Council (the highway authority) against all actions, proceedings, claims, demands and liability arising from the licensee’s use of the highway for the licensed purpose.
     
  5. Any proposed change of detail in respect of the pavement licence must be notified in writing to the borough council 7 days prior to the change occurring.
     
  6. A copy of the licence and plan of the licensed area must be displayed in a prominent position on the business that is visible from the exterior of the premises.
     
  7. Clear routes of access along the highway must be maintained taking into account the needs of permitted vehicular traffic and mobility impaired and visually impaired people, and to comply with government guidance regarding social distancing precautions to control the spread of Covid-19.  In particular a 2 metre width of unobstructed pedestrian pathway with a minimum unobstructed height of 2.3 metres must be maintained during the permitted hours stated on the licence.  Attention must be paid to any existing street furniture, trees etc. with regard to the required distances when planning the layout of permitted furniture and fittings.
     
  8. The positioning of permitted furniture and barriers must not prevent access by pedestrians or vehicles to bus stops, taxi ranks and other premises frontages. It must not obstruct pedestrian access to tactile paving or dropped kerbs, nor interfere with drainage of the highway.
     
  9. All furniture and fittings must be regularly cleaned and sanitised in accordance with Covid-19 guidance and maintained in a good state of repair. By design they must be resistant to external forces such as wind.  Fixing them to the surface or infrastructure of the highway, and excavations of any kind are not permitted.
     
  10. Demarcation barriers must be a minimum of 800 mm high and include solid surfaces or tapping rails at or near ground level to assist visually impaired people. They should be of a colour or design which is distinct from the surroundings to provide visual contrast.
     
  11. Space heaters must be suitably guarded, and no barbeques, fire pits or naked flames are permitted in the licensed area.
     
  12. The use of the permitted pavement area must cease by 23:00 or such earlier or later time as specified in the licence.  All furniture and fittings must be removed, where this is not done the borough council may remove and store these items, or remove and dispose of them, with the associated costs recharged to the licensee.
     
  13. A sufficient number of litter bins must be provided to contain litter and other waste generated during trading.  These must be emptied by the business into the premises main waste receptacles at the end of each trading period or whenever the litter bin becomes full.
     
  14. No glass bottles or glass drinking vessels are permitted to be used in the pavement licensed area beyond 20:00 hours.
     
  15. The licence holder is solely responsible for all furniture, fittings, and equipment and shall make no claim or charge against the borough or county council in the event of those items being lost, stolen or damaged.
     
  16. The licensed area must be included in the businesses risk assessment of the potential for transmission of Covid-19 with necessary controls and relevant government guidance implemented to protect staff and customers.
     
  17. A risk assessment is also required to consider any necessary controls to prevent anti-social behaviour, and also public nuisance if there are residential properties within close proximity to the licensed area.
     
  18. No alcohol is to be consumed within the licensed area except in compliance with authorisation issued to the business premises under the Licensing Act 2003 for that purpose.
     
  19. All customers must be seated with no vertical drinking permitted.
     
  20. No amplified music or sports commentary may be played in the licensed area.
     
  21. The licensed area must be regularly checked for spills of food and drink and thoroughly cleaned at the end of the trading period to remove any residues, particularly grease and other staining.
     
  22. The pavement licence holder is responsible for actively managing any queues to their premises ensuring social distancing is observed and that no obstructions to the highway or other surroundings premises.