Pavement Licence guidance

The pavement licence holder to require clear routes of access to be maintained, taking into account the needs of disabled people and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people.

A minimum width of 1500mm is regarded as the minimum acceptable distance between two obstacles as this should enable a wheelchair user and a walker to pass each other.

The positioning of furniture should not discourage pedestrians from using the footway or force pedestrians into the highway. The available route must be entirely clear for pedestrians to use and not be impeded with tables and chairs. The area should be separated from the footway so that pedestrians can navigate around the area, such as removable barriers, colour contrast and tap rails or wooden containers

Furniture should be made of reasonable substance so it cannot easily be pushed or blown over by the wind, and thereby cause obstruction.

A Boards are not permitted outside the licensed area to ensure that the remaining pavement is as free from obstruction as possible.

The licence holder shall ensure that the activities do not:

a.    prevent traffic, other than vehicular traffic, from:

                                  i.    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)

                                 ii.    passing along the relevant highway

                                iii.    having normal access to premises adjoining the relevant highway

b.    prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order

c.     prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or prevent 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.

Statutory and Emergency services will be permitted 24hr emergency access - without notice. The licence may be temporarily revoked where an alternative use for the highway is required for example emergency highway maintenance, emergency scaffold access or use of the highway during events that are supported by the local authority. The local authority will not be liable for any loss of earnings arising from the suspension of the licence.

The must be reasonable provision for seating where smoking is not permitted. No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.

The licensed area can only be used during the hours permitted and in accordance with the plans attached to the licence. The furniture must not go beyond the boundary and shall be kept in good condition so as not to detract from the appearance of the street.

All staff must register and successfully complete the nationally recognised counter terrorism training product referred to as ACT E Learning within 10 days of the notification of the grant of the Pavement License or can demonstrate that the ACT E Learning product has successfully been completed within the preceding 12 months and that all staff employed by OR at the premises complete the ACT E Learning within a reasonable period not exceeding 3 months from the notification of the grant of the Pavement License.(Act E Learning certificates are provided on successful on-line completion).

Any existing CCTV systems should be working and compliant with the Data Protection Act 1998, Information Commissioners requirements and any other local CCTV Code of Conduct produced by the Police or Local Authority. Imagery must be retained for at least 28 days and images produced to a Police Officer or Local Authority Enforcement Officer upon reasonable request. Faults which render the CCTV system or parts of it inoperable should normally be rectified within 24 hours

The licence holder must undertake to make good any damage caused on the allocated highway area and is responsible for carrying out the reinstatement of the highway in the event of any damage. The permanent surface reinstatement shall be carried out to the satisfaction of the local authority.

The licence holder shall provide Public Liability insurance cover for the area and shall indemnify the local authority against all claims in respect of injury, damage or loss arising out of the granting of permission, (for example, damage to the highway or highway furniture) to a minimum value of £5,000,000 unless such claims arise out of the local authorities' own negligence.

All removable furniture must be removed from the pavement licence area and securely stored within 30 minutes from the end of the permitted hours.