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Pavement Licences

Last updated on: 16-Oct-2020

3. Local conditions - Gravesham

Gravesham Pavement Licence Local Conditions

These conditions are published under Part 1, Section 5(2) of the Business and Planning Act 2020:

  1. The site must not exceed the width of the premises frontage and must be positioned within the area specified on the licence.
  2. The licensee must comply with all applicable Covid-19 guidance and legislation, including in relation social distancing.
  3. The furniture used must not cause any damage to the highway or impede surface water drainage.
  4. The furniture must not impede access to or egress from any premises.
  5. There are to be no permanent fences, enclosures, fixtures, fittings or furniture.
  6. No barbecues, fire pits, gas heaters or naked flames are permitted.
  7. All customers must be seated, with no vertical drinking.
  8. The licensee must ensure patrons behave in a civil manner and minimise any disturbance to local residents.
  9. No live music, singing, recorded music, or other amplified sound is permitted in the licensed area.
  10. Public Liability Insurance of at least £5m must be maintained and evidence must be provided to the local authority upon request.
  11. The licence holder must comply with all reasonable requests from an officer of the local authority, highways authority (where this is not the local authority) or emergency services.
  12. Artificial lighting associated with the licence may only be used during the permitted licence hours and must not cause disturbance/nuisance to occupiers of other properties.
  13. Unless otherwise agreed by both licence holders, where there are adjoining licensed areas belonging to different businesses, both licence holders are equally responsible for ensuring social distancing is maintained between their respective customers, for example, by providing screening or ensuring that the required social distance is shared equally on both sides.
  14. A record detailing the date, time and nature of, and resolution to, all incidents of crime or antisocial behaviour occurring within the licensed area must be kept and made available to police and authorised officers from the local authority upon request.
  15. Every table, chair and item of temporary street furniture shall be positioned so that it does not impede the surface water drainage of the highway.
  16. No items shall be sited as to obstruct access to any premises unless the consent of the occupier of these premises has been obtained. No items shall be sited in such a way that is obstructs any fire exits or dry risers etc
  17. No tables, chairs or temporary street furniture sited on a footway are to be placed within 1.2m of the edge of an adjacent carriageway. A minimum clear footway width of 1.5m must be obtained at all times and 2m in busy locations or at busy times except in the following circumstances where additional width may be required:
    1. Proposals which place furniture within 20m of a road junction or roundabout.
    2. Proposals which place furniture within 15m of a push button, zebra crossing or pedestrian island crossing.
    3. Proposals which place furniture within 5m of a bus stop
  18. No tables, chairs or temporary street furniture shall be left on the highway longer that is necessary. Tables, chairs and temporary furniture within a pedestrianised area cover by a traffic Regulation Order shall only be placed on the highway during the hours of pedestrianisation. Tables, chairs and temporary street furniture shall be taken inside and stored during the hours outside of licensed hours.
  19. All tables, Chairs and temporary furniture shall be separated from the remaining highway using disability compliant barriers. This means that barriers MUST:
    1. Be between 1000mm and 1200mm in height
    2. Have a continuous tapping rail (150mm to 200mm deep) or panel edge either on the ground or up to a maximum height of 200mm above the ground.
    3. Have a colour contrast to ensure they are highly visible.
    4. Be continuous around the area of tables, Chairs and temporary street furniture except for the access point
  20. No tables, chairs or temporary street furniture shall remain on the highway pursuant to this permission after the period of the pavement license has expired.
  21. The licensee shall be responsible for keeping the designated area in a clean and tidy condition at all times and shall ensure that any associated debris is removed at the end of each day and make good any damage caused to the surface area.
  22. No apparatus such as power cables or water pipes shall be allowed to be laid across or suspended above the highway for the purposes of providing services to outside areas on or off the highway.
  23. No wastewater or other substances shall be discharged on to the highway or highway drainage system

National Conditions

The following conditions are applied under s(5) of the Act and as explained further in Section 4 of the accompanying Government Guidance.

  1. Where furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must ensure:
    1. Smoking of tobacco is not permitted within the licensed area.
    2. ‘No smoking’ signage displayed in accordance with Smoke-free (signs) regulations 2012.
    3. No ash trays or similar receptacles to be provided or permitted anywhere in the licensed area.
  2. Anything done by the licence-holder pursuant to the licence, or any activity of other persons which is enabled by the licence, must not have an effect specified in section 3(6) of the Act. These effects are:
    1. preventing traffic, other than vehicular traffic, from-
      1. 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),
      2. passing along the relevant highway, or
      3. having normal access to premises adjoining the relevant highway,
    2. preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order,
    3. preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
    4. 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.

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