members of the licensing committee - warrington.gov.uk · 1. consider the request from the hackney...

To: Members of the Licensing Committee

Councillors: Chair – B Maher Deputy Chair – P Nelson S Bland, W Brinksman, E Finnegan, K Gleave, J Joyce, L Labury, T McCarthy, H Mundry, S Roberts, G Welborn, S Wright and 2 Vacancies (Labour)

17 March 2014

Licensing Committee Tuesday, 25 March 2014– 6.30pm Council Chamber, Town Hall, Sankey Street, Warrington __________ Agenda prepared by Louise Murtagh, Democratic Services Officer – Telephone: (01925) 442111, Fax: (01925) 656278, E-mail: [email protected]

A G E N D A Part 1 Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion. Item

1. Apologies To record any apologies received.

2. Code of Conduct - Declarations of Interest Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

Professor Steven Broomhead Chief Executive

Town Hall Sankey Street

WA1 1UH

Item 3. Minutes of the Licensing Committee

To confirm the minutes of the meeting of the Licensing Committee held on 25 February 2014 as a correct record.

4. Minutes of Taxi Sub-Committee To confirm the minutes of the meeting of the Taxi Sub-Committee held on 3 March 2014 as a correct record.

5. Pavement Café Licences Report of the Assistant Director Regulation & Public Protection

Part 2 Items of a "confidential or other special nature" during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100 I of the Local Government Act 1972.

NIL

If you would like this information provided in another language or format, including large print, Braille, audio or British Sign Language, please call 01925

443322 or ask at the reception desk in Contact Warrington, Horsemarket Street, Warrington.

Agenda Item 3

LICENSING COMMITTEE

25 FEBRUARY 2014

Present: Councillor B Maher (Chair) Councillors S Bland, W Brinksman, E Finnegan, K Gleave, L Ladbury, H Mundry, P Nelson, T McCarthy, S Roberts, G Welborn and S Wright

L 18 Apologies There were no apologies for absence received L 19 Code of Conduct – Declarations of Interest There were no declarations of interest received. L 20 Minutes of the Licensing Committee Decision:

That the Minutes of the meeting held on 15 October 2013 be confirmed and signed as a correct record.

L 21 Minutes of the Taxi Sub-Committee Decision:

That the Minutes of the meetings held on 7 October, 4 November, 2 December 2013 and 6 January, 3 February 2014 be confirmed and signed as correct records.

L 22 Minutes of the Licensing Sub-Committee Decision:

That the Minutes of the meetings held on 16 October, 19 November, 29 November, 10 December, 16 December 2013 and 29 January 2014 be confirmed and signed as correct records.

L 23 Non Statutory Fees and Charges 2014/15 The Committee received a report from the Assistant Director Regulation and Protection that asked Members to consider and set the proposed fees for non-statutory licences for 2014-15. In determining its fee structure the Council must have regard to the level of resources required to process licences, and fees should be reasonable and proportionate. The charge must not exceed the cost for processing the application.

Agenda Item 3

The proposed fees for 2014-2015 had been set having regard to guidance and in accordance with the Council’s current understanding of the costs of administrating each licence/consent. The proposed fees for consideration were as follow – Street Trading Fee £542, Street Trading fee Nutritional discount £442, Street Trading (Seasonal-maximum 3 weeks) £133, Street Trading day fee £65, Sex Establishment - grant £3,398, Sex Establishment - renewal/variation £457, Pavement café – new £180 and Pavement Café Transfer £25. Decision

That the Licensing Committee considered the report and approved the fee structure presented.

L 24 Revision to the Street Trading Policy The Committee received a report from the Assistant Director Regulation and Protection that sought Members’ approval to consult on proposed changes to the current Street Trading Policy. Street trading is generally taken to mean the selling, exposing or offering for sale of any article in a street subject to any relevant exemption under the prescribed legislation. The definition is wide ranging but it typically covered the likes of mobile food traders and ice cream vans. It did not extend to trading at a premise, a petrol filing station, market/fair or a picnic area on a trunk road. In summary, the proposed changes related to:- • Changes to the requirements for a Disclosure and Barring Service (DBS)

certificate upon renewal to bring street trading in line with taxi licensing. • The introduction of a new section on Gas Safety Certificates to comply with

Health and Safety requirements. • A new section on short-term consents in response to requests from the trade for

greater flexibility, including seasonal approvals. • Additional clarification on the consultation process. • Additional clarification on the needs of the area to protect the vitality of the area

and to protect the interests of local businesses within a fair trading environment. • Addition of a new mandatory condition (No. 43 of Appendix 3 of the Policy). During the ensuing debate Members asked questions on how and if it was possible for the Council to measure saturation point in the market, the timing of DBS certificate checks, annual compliance check against food hygiene amongst other means. These along with any other responses would be fed into the consultation. Decision

That the Licensing Committee approved officers to begin the consultation on the proposed amendments to the Street Trading Policy.

L 25 Hackney Carriage and Private Hire Policy The Committee received a report of the Executive Director (Economic Regeneration,

Agenda Item 3

Growth & Environment) that sought approval from Members to consult on a Hackney Carriage and Private Hire Policy (Taxi Policy). Members were advised that currently there were a number of individual policies and procedure documents that detailed how Warrington Borough Council managed applications received from drivers and operators, and the required standards for drivers and their vehicles. The amalgamated draft Taxi Policy contained some proposed changes to the current requirements, namely; • The requirement for CCTV monitoring equipment in all licensed vehicles. • The requirement for new applicants for Joint Drivers Licences to pass the

Drivers Standard Agency ‘Taxi Driver’ Assessment, noting that this will also be applied to existing licensed drivers where concerns of driving quality are evidenced.

• For vehicles which fail compliance tests with high levels or significant defects to undergo an additional (third) annual test.

• A realignment of the permitted maximum age of Hackney Carriage Vehicles when presented for their first license.

Members were advised of two minor amendments to draft Taxi Policy as presented. These were as follows - The following paragraph was to be added to page 25 prior to the paragraph that reads “Any failure to comply with any taxi licensing conditions will be deemed to be a failure of the testing process.” Any licence-holder who submits a vehicle for testing, where that vehicle then requires an additional test for a 2nd time within a 3 year period of previously requiring an additional test, they will receive a written warning. Should that licence-holder then be required to present the same or another vehicle in their ownership, for an additional test within a 3 year period of receiving a written warning, they will be referred to the Taxi Licensing Sub-Committee to consider their fitness to continue to hold vehicle licenses with the Authority, pertaining to their continual failure to maintain the safety and fitness of their vehicle(s). The following paragraph was to be added to page 59 just before the title “Application Process for a CCTV system to be approved by the Licensing Authority” • The system must have the facility to default to not recording audio. Audio

recording will only be permitted for use where the driver believes it is in the interest of his or a passenger’s safety or for the purpose of protecting his livelihood.

Decision that the Licensing Committee –

1. Agreed the draft policy for consultation 2. Approved officers to begin an informal consultation 3. To refer final consideration and approval of the Taxi Policy to full

Council

Agenda Item 3

L 26 Hackney Carriage Tariff Review The Committee received the report of the Executive Director (Economic Regeneration, Growth & Environment) that sought Members’ approval for a tariff increase and changes to the fare chart for Hackney Carriages (Taxis) with the Warrington Borough Council Boundary. The taxi tariff in Warrington has historically been reviewed by the Licensing Committee following a request from the trade. This differed from most Authorities who reviewed their tariffs on an annual basis. Warrington Borough Council had always taken the approach that the trade themselves were in the best position to consider the effect of any tariff review. The last increase in fares was introduced on 1 December 2009. Warrington Taxi Drivers Association (WTDA) had requested a tariff increase of 50 pence for the first 880 yards irrespective of journey length, due to the length of time since the last review. The proposal was to apply this increase to all 3 tariffs A petition was subsequently received from Warrington Hackney Owners & Drivers Association (WHODA), objecting to the WTDA proposal for a tariff increase and requesting status quo. Evidence provided by the Automobile Association (AA) showed the average fuel prices had increased by 24 pence (22%) and diesel by 30 pence (27.5%) in the last four years. In addition to the increase in fuel, insurance and vehicle repair costs had also increased since the last tariff review. Additionally, when compared to other Local Authority tariffs Warrington was ranked at 338 (of 364) in the price comparison chart compiled by Private Hire and Taxi Monthly. The proposed fare increases would move Warrington to 265 in the ranking for a two mile journey at £5.20, on a par with Ellesmere Port, Halton, Trafford and the Wirral, amongst others. Members were advised of a minor change to the tariff submitted with the report. Within the Table of Maximum Hackney Carriage Fares, Mileage – Tariff 2 (23.00-07.00) should read as Charge for each subsequent mile £2.60 rather than £2.40 as listed. Decision that the Licensing Committee - 1. Consider the request from the Hackney Carriage trade for a tariff review 2. Authorise the Specialist Transport Services Manager to advertise the proposals

and subject to no objections being received, set an implementation date of 1 April 2014

3. In the event that objections are received, delegate authority to the Assistant Director of Transport and Environment together with the Portfolio Holder (Transport, Engineering & Climate Change) to consider and determine such objections

4. Requested that as part of the Hackney Carriage and Private Hire Policy consultation, consideration was given to the introduction of 12-monthly reviews of Hackney Carriage Tariffs.

Agenda Item 3

Signed ………….………………….

Dated………………………………

Agenda Item 4 TAXI SUB COMMITTEE

3 MARCH 2014

Present: Councillors B Maher – Chairman Councillor S Bland and P Nelson

TSC 67 Appointment of Chairman Councillor B Maher be appointed as Chairman for the duration of the meeting. TSC 68 Apologies There were no apologies for absence received. TSC 69 Code of Conduct – Declarations of Interest There were no declarations of interest received. TSC 70 Exclusion of the Public (Including the Press) Resolved,

That, members of the public (including the Press) be excluded from the meeting by reason of exempt information considered in the course of the following item of business being within Category 1 of Schedule 12A to the Local Government Act 1972.

TSC 71 To consider the fitness of an applicant to hold a Joint Hackney /

Private Hire Drivers Licence (MQK230281) The Sub-Committee received a report of the Assistant Director of Transport and Environment, to consider the fitness of a licensed Hackney / Private Hire Driver to continue to hold a licence. The taxi licensing officer and the applicant appeared before the Sub-Committee to present the case and to answer questions from Members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – That the Joint Hackney / Private Hire drivers licence be issued with a warning. Reason –

The Sub-Committee, having considered all of the evidence and listened to all representations determined to issue a severe warning in relation to future behaviour or conduct that called into question the drivers suitability to continue to hold a licence.

Agenda Item 4 Members took into account that the driver had been free from conviction for the past 8 months and the Councils Conviction Policy expected an applicant to normally show a period of 6 months free from convictions. Members advised the applicant that any future conduct which called his fitness into account may affect his right to continue holding a licence.

TSC 72 To consider the fitness of a new applicant to hold a Joint Hackney /

Private Hire Drivers Licence (MAH060682) The Sub-Committee received a report of the Assistant Director of Transport and Environment, to consider the fitness of a new applicant to hold a Hackney / Private Hire Driver licence. The taxi licensing officer and the applicant appeared before the Sub-Committee to present the case and to answer questions from Members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – That the Joint Hackney / Private Hire drivers licence be granted. Reason –

The Sub-Committee, having considered all of the evidence and listened to all representations took into account the fact that the majority of incidents happened a number of years ago, Members accepted the explanation put forward with regard to the incident that happened in 2010. Members also took note of the evidence put forward by the taxi licensing officer regarding the applicants’ honesty from the start of the application process. Members further took into account the fact that the applicant was trying to turn his life around and that everyone deserved a second chance. Members were aware that they were going outside the Councils Conviction Policy however, felt justified on this occasion, given the circumstances surrounding the incidents. Additionally, in granting the licence the Members also issued a warning in relation to any further incidents that brought into dispute the drivers fitness to continue holding a licence, it was noted that this could result in revocation of his licence.

Signed……………………………

Date………………..

Agenda Item 5

WARRINGTON BOROUGH COUNCIL LICENSING COMMITTEE 25 MARCH 2014 Report of the: Assistant Director Regulation & Public Protection Report Author: Christopher Bedworth Contact Details: Email Address:

[email protected] Telephone:442119

Ward Members:

(Borough Wide)

1. SUMMARY PAPER – REPORT ON: Proposals to review the arrangements in place to regulate Pavement Café Licences in Warrington under the Highways Act 1980.

2.

Purpose of the Report: To seek approval to commence informal consultation on the revision of the current Pavement Café Policy.

3. Recommendations: That committee:-

• Approve officers to begin an informal consultation on the revision of the current Pavement Café Policy.

4. Reason for Recommendation:

To assist in the creation of an attractive, safe and accessible environment and to create a welcoming atmosphere for the residents and visitors of Warrington.

5. Confidential or Exempt: N/A

6. Financial Considerations: The provisions regulating Pavement Café Licences allow for an appropriate fee to be set.

Agenda Item 5

7. Risk Assessment: The existing policy has facilitated the successful implementation of the pavement cafe provisions; the proposed changes are based on new operational requirements, which should serve to further strengthen the policy. It is right and proper that the policy is kept under review.

8. Equality Impact Assessment: The Council has a legal duty to proactively promote race, gender and disability equality and to tackle discrimination experienced by vulnerable groups. It is the role of the Licensing Authority to administer the licensing regime in accordance with the law and each application will be considered on its merits.

9. Consultation:

Regulations do not require the Authority to carry out a formal consultation exercise. However, it is best practice to carry out a consultation on changes of this nature.

10.

Background Papers: Report to the Town Centre Management Working Party-Pavement Cafes in the Town Centre 31st July 1996 Report to the Technical Services Committee-Establishing Pavement Cafes in Warrington 17th March 1998 Report to the Licensing Committee-Pavement Café Licences under the Highways Acts 24th June 2008

11. Contacts for Background Papers

Christopher Bedworth, [email protected], 01925 442590

mailto:[email protected]

Agenda Item 5

THE CONTROL OF PAVEMENT CAFÉ LICENCES 1. PURPOSE

1.1 To seek approval to commence an informal consultation on the revision of the

current Pavement Café Policy. 2. INTRODUCTION

2.1 The Council recognises that Warrington has much to offer by the way of creating

an environment that makes the Borough attractive to visitors and residents alike.

2.2 With extensively pedestrianised areas and weather permitting, the addition of good quality pavement cafes can contribute to a relaxed and sociable style of eating and drinking.

2.3 Pavement Café Licences are considered to be the provision of facilities for

refreshments to be consumed and/or served on a public highway. The definition typically covers the provision of tables and chairs within a designated area.

2.4 Pavement Café Licences are regulated under Section 115c of Part VIIA of the

Highways Act 1980. 3. BACKGROUND

3.1 A report was taken to the Town Centre Management Working Party on the 31st

July 1996 to outline proposals for pavement cafes in the town centre. Officers investigated the feasibility of allowing tables and chairs to be placed outside licensed and other premises, as a means of creating a café culture in the town centre.

3.2 On the 17th March 1998, a further report was taken before the Technical Services Committee on the establishment of pavement cafes in the whole Borough.

3.3 This report sought to gain approval on the process for applying for a pavement

café licence in Warrington along with the relevant fees to be charged.

3.4 The Committee resolved to approve the procedures set out and grant

authorisation to the Director of Technical Services to determine individual applications in accordance with the Highways Act 1980.

Meeting of the Licensing Regulatory Committee Date: 25 March 2014 Report of the Assistant Director of Regulation & Public Protection Author: Christopher Bedworth-Senior Licensing Assistant Contact Details: 011925 442119 Ward Members (Borough wide)

Agenda Item 5

3.5 During 2007/2008, after receiving a number of queries relating to pavement

cafes, an Officer group was set up between the Highways and Licensing sections to establish a new approach for dealing with pavement café licences.

3.6 The group decided that the administration of the pavement café scheme should

be carried out by the Licensing Section and a new policy and procedure be introduced.

3.7 A report was taken to the Licensing Committee on the 24 June 2008 outlining the group’s proposals. The Licensing Committee resolved to:

• transfer the administration of pavement café licences from the Highways

section to the Licensing Authority; • request the Council to amend the Committees terms of reference to enable

all applications to be decided by a sub-committee of the Licensing Committee where objections are received and

• allow applications with no objections to be determined by the Licensing Officer.

3.8 A Pavement Café Policy was successfully implemented and applications were

subsequently received. 4. CURRENT SITUATION

4.1 The Council’s current Pavement Café Policy has been implemented since June

2008 without revision.

4.2 The Licensing Authority has issued a total of 4 Pavement Café Licences for premises predominantly situated in the town centre since the introduction of the policy namely:

o Café Caruso, Bank Street o Friar Penketh, Barbauld Street, o Mojos, Cairo Street o Lancashire Tea Rooms, Bridge Street

4.3 The Council has been working towards the creation of an attractive, safe and

accessible town for a number of years. It has invested heavily in the refurbishment of areas of the Town Centre and the Borough as a whole.

4.4 There is a desire to promote a pavement café culture within the borough of Warrington to appeal to both residents and visitors alike. The Council is committed to enhance the attractiveness of the town and to encourage a more relaxed atmosphere through a café culture.

Agenda Item 5

4.5 It is felt that the revision of the Pavement Café Policy is needed to reflect both the operational requirements of the Council and the changing needs of businesses, visitors and the local residents of Warrington.

5. THE PROPOSED CHANGES TO THE POLICY

5.1 Since its implementation in June 2008, the Pavement Café Policy has never been reviewed.

5.2 It is proposed to make a number of changes to the policy as summarised below.

5.2.1 Currently licensed premises may only serve alcohol when accompanied by a table meal to its patrons. The proposal is to relax this condition to allow alcohol to be consumed without the need for a table meal.

5.2.2 Allow umbrellas, parasols, and external heaters to be used as part of the

pavement café furniture.

5.2.3 Grant a licence between the hours of 09.00 and 22.00hrs Monday to Sunday, with an option to request trading outside these hours where applicants can demonstrate to the Council that it is appropriate to do so.

5.2.4 Grant a new licence for an indefinite period of time.

5.2.5 Abolish the requirement to renew a pavement café licence, and grant

automatic renewal to those premises that have had no complaints or enforcement action taken against them during the course of the licence.

5.2.6 Introduce the ability to transfer a pavement café licence from one licence

holder to another.

5.2.7 Amend the list of consultees the Licensing Authority will contact in relation to applications for new licences to the following responsible authorities:

• The Licensing Authority • The Planning Authority • The Highways Authority • The Estates & Valuations Office • Environmental Health (Noise) • Environmental Health (Food Health & Safety) • Town Centre Management (where applicable) • Street Scene Services • WBC Ward Members • Cheshire Constabulary • Cheshire Fire Service • Neighbouring property owners (where applicable)

Agenda Item 5

5.2.8 Amend the mandatory licence conditions attached to every licence.

5.2.9 Create the ability to add a non-standard condition to a licence at any time

during a licence’s lifetime.

5.2.10 Allow the Licensing Authority the power to suspend or revoke a pavement café licence at any given time.

5.3 A copy of the revised policy can be found at Appendix 1 of this report. 6. CONSULATION

6.1 It is proposed to carry out an informal consultation process with known

stakeholders in relation to pavement cafes.

6.2 A letter inviting comments will be sent to all known traders within the Borough who currently hold a pavement café licence.

6.3 Internal departments, neighbourhood groups and relevant partners will be

consulted regarding the proposals. 7. ENFORCEMENT 7.1 It is an offence to deposit items on the highway without authorisation and the

Council is empowered to prosecute offenders under the Highways Act 1980 and the Town Police Clauses Act 1847.

8. FINANCIAL CONSIDERATIONS 8.1 A council may charge such fees as it considers reasonable for the administration

of pavement café licences. 8.2 The annual Fees and Charges report was taken before the Licensing Committee

at its meeting of the 25th February 2014 indicating the fees to be charged for pavement café licence.

8.3 At its meeting the Licensing Committee resolved to:

• Approve the fees for Pavement Café Licences to be implemented from the 1st April 2014 as follows:

o New application £180 o Transfer application £25

Agenda Item 5

9 CONCLUSION 9.1 The revision of the Pavement Café Policy will allow those businesses providing

pavement cafe activities to be proactively managed across the town in a fair and consistent way for all.

10 RECOMMENDATION That committee:-

• Approve officers to begin an informal consultation exercise on the revision of the Pavement Café Policy.

Warrington Borough Council Pavement Café Policy approved


Contents Page No.

1. Purpose of the Policy 4

2. What is a Pavement Café? 4

3. Regulations 4

4. Exemptions from the need to obtain a licence 5

5. Local Restrictions 5

6. Making an application • Introduction • Required Permissions • Defining the area (size & layout) • Furniture • Trading Hours • New Application • Renewal Application • Transfer Application

6 6 6 7 8 9 10 11 11

7. Consultation, Public Notice & Representations • Consultation • Public Notice • Representations

12 12 13 13

8. Fees 14

9. Determination of the application • Assessment of area • Needs of the area • Permitted trading hours • Persons under the age of 18 years • Relevant representations

14 14 15 15 15 16

10. Refusal of applications • New application • Renewal application • Transfer Application • Failure to pay • Appeals

15 15 16 16 16 16

11. Approval of applications • New application • Renewal application • Transfer application

16 16 17 17

12. Licensing Sub-Committee 18

13. Enforcement of Pavement Cafes 18

14. Complaints against this Service 19


15. Policy Review 19

APPENDICIES:

• Appendix 1 - Definitions of Terms • Appendix 2 - Mandatory Conditions • Appendix 3 – Public Notice

20 22 25


Pavement Café Policy 1. Purpose of the Policy

1.1 The purpose of this policy is to highlight the requirements and

standards expected of pavement café operations within Warrington and to guide those wishing to establish and/or operate pavement cafés through the licensing process.

1.2 The Council recognises that Warrington has much to offer by the way of creating an environment that makes the Borough attractive to visitors and residents alike.

1.3 With extensively pedestrianised areas and weather permitting, the addition of good quality pavement cafes can contribute to a relaxed and sociable style of eating and drinking indicative of a modern cosmopolitan society.

1.4 Warrington Borough Council will apply this policy to pavement café activities in its area to ensure consistency and fairness. However, each application or contravention will be considered on its own merits so that individual circumstances, where appropriate, are taken into consideration.

2. What is a Pavement Café?

2.1 For the purposes of this policy, pavement cafes are considered to

be the provision of facilities for refreshments to be consumed and/or served on a public highway.

2.2 The definition typically covers the provision of tables and chairs within a designated area on a public highway.

3. Regulations

3.1 The Council regulates pavement cafes under section 115c of Part

VIIA of the Highways Act 1980.

3.2 The administration and enforcement of pavement cafes will be the responsibility of the Licensing Authority.

3.3 Regulations state that;

“…a Council shall have the power to provide, maintain and operate facilities for…refreshment…on a highway…”

3.4 It is an offence to deposit items on the highway without authorisation and the Council is empowered to prosecute offenders under the Highways Act 1980 and the Town Police Clauses Act 1847.

3.5 Tables and chairs placed on a highway without permission are an illegal obstruction and the Council will take enforcement action to remove such obstacles.


4. Exemptions from the need to obtain a licence

4.1 The regulations governing pavement cafes make it clear that only

areas on a public highway are to be licensed.

4.2 Those seeking a pavement café where the land is in private ownership, and has not been adopted by the Council, will not be required to obtain a licence.

5. Local Restrictions

5.1 Certain locations are able to accommodate pavement seating,

however there are other areas where pavement seating cannot be accommodated due to: (a) width restrictions; (b) obstructions; (c) very heavy pedestrian use routes and (d) the potential to cause nuisance issues.

5.2 Each application will be considered on its own merits and the Council reserves the right to refuse an application if it is considered inappropriate.

5.3 Environmental issues may mean that in some locations, pavement cafes would not be appropriate, whilst in other areas the environmental impact could be controlled by conditions attached to the licence.

5.4 The Council will usually only accept an application for a pavement cafe if the business is associated with and in the proximity of a premises which is a predominantly food led establishment.

5.5 The sale of food and drink from a temporary stall or take away will

not be acceptable.

5.6 Table service must be from the premises where the food is prepared and sold.

5.7 Licensed premises under the Licensing Act 2003, who are

predominantly alcohol led, will not normally be approved unless the applicant can demonstrate that it will have a positive impact on the proposed area.

5.8 Pavement café licences granted for certain areas within the

Borough may not be able to trade on days of the year where a community event is taking place e.g. Warrington Walking Day. The Council will notify a licence holder of any such event as soon as is practicably possible and reserves the right to suspend the licence for any given period when such an event takes place.


6. Making an application

6.1 Introduction

6.1.1 In considering any application for the grant or transfer of a

pavement café licence, the following issues will be taken into account before determination:

• Public order: The licensed area should not present a risk to good public order in the locality in which it is situated. • Public nuisance: The licensed area should not present a substantial risk of nuisance from noise, rubbish, potential for the harbouring of vermin, smells or fumes to households and businesses in the vicinity of the proposed licensed area. • Public safety: The location of the licensed area should not present a substantial risk to the public in terms of road safety, obstruction and fire hazard. The term “public” refers to both customers using the licensed area and other members of the public using the street. • Crime & Disorder: The proposed trading activity should comply with the relevant legislation governing pavement cafes and any other relevant regulations imposed on the applicant. • Needs of the area: It is important that pavement cafes complement the designated area. Each application will be considered on its merits and it should be noted that in certain circumstances a licence may not be granted.

6.2 Required Permissions

6.2.1 There are 4 main types of permission, which must be obtained before an application can be submitted for a pavement café.

6.2.2 Licensing Act 2003 Premises Licence

(a) To serve alcohol at a pavement café, a premises licence under the Licensing Act 2003 must have been granted to the operator of the café.

(b) To sell hot food or drink between the hours of 11pm and 5am, a premises licence under the Licensing Act 2003 must have been granted to the operator of the café.


6.2.3 Food Safety & Health & Safety Registration

(a) Food businesses are required by law to be registered by the

Council’s Food, Health & Safety Team. (b) All food operators must comply with the relevant regulations

imposed on them by the Council. (c) Applicants should contact the Food Safety Team on 01925 442645

for details of registration.

6.2.4 Planning Permission

(a) Where applicable, planning consent may be required for the proposed licensed area including some forms of furniture such as the use of canopies and umbrellas.

(b) Applicants may also be required to obtain Listed Building Consent on some premises and should seek advice before submitting an application.

(c) Applicants should contact the Development Control office on 01925 442819 or alternatively visit the website at www.planningportal.gov.uk

6.2.5 Public Liability Insurance

(a) The Council will require all applicants to take out third party public liability insurance in the sum of at least £5,000,000.

6.3 Defining the area (Size & Layout)

6.3.1 Outdoor seating areas should be located to minimise disturbance to pedestrian routes.

6.3.2 The area to be used must take into account other needs in the

immediate vicinity e.g. kerbside parking, bus stops and pedestrian crossings.

6.3.3 Pedestrian’s needs must be paramount and they should not be

diverted from their main route.

6.3.4 The area should not conflict with accesses or dropped crossings required for the free passage of normal road users.

6.3.5 The means of the enclosed area will only be approved if adequate provision has been made for customers with disabilities.

6.3.6 The defined area should be enclosed, to contain the tables and

chairs, by lightweight barriers that can easily be removed in case of emergencies.

6.3.7 Tables and chairs must be positioned to allow safe passage for

pedestrians, wheelchair users, prams, the blind and partially sighted.

http://www.planningportal.gov.uk/


6.3.8 When in use the area should be made distinguishable from other

pavement users and particularly the blind and visually impaired pedestrians.

6.3.9 The barriers used to enclose the area shall be removed from

outside the licensed area when the pavement café is not intending to operate within the licensed period.

6.3.10 The route left available to pedestrians on the highway shall be straight and free from obstruction and will normally not be less than 2 metres wide.

6.3.11 All emergency exits and routes must be kept clear.

6.3.12 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 licence holder.

6.3.13 The above list is not exhaustive and the Council reserves the right

to refuse to grant a licence where it has appropriate reason to do so.

6.4 Furniture

6.4.1 Where possible the furniture to be used should reflect existing

structures and features within the street scene. Where relevant, consideration should be given to furniture utilised at adjoining premises to provide an overall enhanced street environment.

6.4.2 The furniture to be used should be of a high quality and uniform

style and should be designed for outdoor use.

6.4.3 White plastic tables and chairs will not normally be approved.

6.4.4 Details of the furniture to be used will be required as part of the application process and the Council reserves the right to reject an application that proposes to use inappropriate furniture.

6.4.5 Where umbrellas and parasols are used, they are to be positioned

so as to avoid overhanging outside the enclosure or impairing vehicle sight lines. Umbrellas and parasols must remain closed in periods of high winds. (Please note that additional planning consent may be required for the use of umbrellas/parasols as part of the pavement café area).

6.4.6 Where canopies are to be used, the Council’s planning department

must be consulted before an application is submitted and an agreement reached on the use of any such canopy at the pavement café.


6.4.7 Any patio/space heaters must be specified as part of the application form and their proposed locations shown on the site layout plan. Any heaters must be adequate for outdoor use. Where heaters are powered by gas, the connections, including the regulator, hose and clips must be fit for purpose and checked on a regular basis.

6.4.8 No advertisements, other than company names or logos, will be

permitted to be displayed on furniture forming part of the pavement café.

6.4.9 Additional/adequate litter-bins will be required within the pavement

café area. These bins are to be provided for customer use only in respect of litter from the pavement café and are not to be used as a commercial waste receptacle.

6.4.10 Non-furniture items such as menu boards, A-Boards, signs and any

unacceptable clutter or intrusion will not be allowed.

6.4.11 All furniture must be removed from the pavement café area within 30 minutes of the terminal licensing hour.

6.5 Trading Hours

6.5.1 In general, pavement café licences will be granted between the

hours of 09.00hrs and 22.00hrs Monday to Sunday.

6.5.2 Applicants may apply to trade outside these hours, but will need to demonstrate to the Council that it is appropriate to do so.

6.5.3 Consideration must be given to the local area for example an area with a high concentration of residential properties.

6.5.4 The Council reserves the right to specify permitted hours of trading

that are less than those outlined above if local circumstances dictate there is a need.

6.5.5 The Council reserves the right to alter the trading hours on a

licence at any given time.

6.5.6 All pavement cafés must have all barriers, furniture and any other item associated with the licensed area removed within 30 minutes of the terminal hour of the licence.


6.6 New Applications

6.6.1 New applications will be determined following a consultation period of 28 consecutive days. Applicants will be required to provide the following documents and fees with their application form:

(a) A completed and signed pavement café licence application form.

(b) The application form should be accompanied by the full fee in its

entirety either by cheque/postal order made payable to Warrington Borough Council, or by credit/debit card by calling 01925 442119.

(c) A site layout plan to a scale of 1:100 clearly showing the following

information: • Access points • Entrances/exits to the premises within or adjacent to the proposed

area • Position of the building line • Boundaries • Position of the kerb line adjacent to the proposed area • Dimensions of the seating area • Table and chair arrangement • Location of trees, lamp posts and other street furniture • Plan and elevations of barriers/enclosure • Details of any additional lighting to be used • Umbrella/parasol arrangement • Litter bins within 10 metres of the licensed area • Commercial waste receptacle storage areas where these are

outside the licensed area.

(d) Full details, including metric dimensions, materials and colours of the proposed furniture and umbrellas/parasols, ideally accompanied by photographs, illustrations or drawings.

(e) Full details, including metric dimensions, materials and colours of

the proposed barriers to be used to enclose the area, ideally accompanied by photographs, illustrations or drawings.

(f) Full details of any additional lighting to be used, including

dimensions and photographs.

(g) Full details of any heating appliances to be used, including dimensions and photographs.

(h) An original certificate of insurance that covers the pavement café

activity for third party and public liability risks of £5,000,000.

(i) A copy of any planning consent granted in respect of the proposed licensed area (where applicable).

(j) A copy of any listed building control consent granted in respect of

the proposed licensed area (where applicable).


(k) A management plan detailing how the applicant will control the proposed licensed area meeting the criteria outlined in section 6.1.2 of this policy.

6.7 Renewal Applications

6.7.1 Pavement café licences will be renewed automatically on the

anniversary that the licence was first granted.

6.7.2 There is no prescribed fee for the renewal of a licence.

6.7.3 If there have been any justified complaints and/or enforcement

issues during the period that the licence is in force, the licence may not be renewed.

6.8 Transfer Applications

6.8.1 Applicants who would like to sell their business, including the

licensed pavement café area, may apply to the Council for a transfer of the pavement café licence.

6.8.2 Applicants should note that no other changes are permitted to be

made to the pavement café licence other than the new name and address of the holder of the licence.

6.8.3 Applicants are unable to transfer the pavement café licence from

one business (premises) to another.

6.8.4 Applicants should supply the following documentation to the Council:

(a) A completed and signed pavement café licence application form.

(b) The application form should be accompanied by the full fee in its

entirety either by cheque/postal order made payable to Warrington Borough Council, or by credit/debit card by calling 01925 442119.

(c) An original certificate of insurance that covers the pavement café activity for third party and public liability risks of £5,000,000. This must be in the name of the new licence holder.

(d) The original licence granted to the previous holder of the pavement

café.


7. Consultation, Public Notice & Representations

7.1 Consultation

7.1.1 Before a pavement café licence is granted the Council will consult with and seek written observations from:

• The Licensing Authority • The Planning Authority • The Highways Authority • The Estates & Valuations office • Environmental Health (Noise) • Environmental Health (Food Health & Safety) • Town Centre Management Section (where applicable) • Street Scene Services • WBC Ward Members • Cheshire Constabulary • Cheshire Fire Service • Neighbouring property owners (where applicable)

7.1.2 The Council will consult with the above consultees on behalf of an

applicant for a new application where appropriate to do so.

7.1.3 Where the proposed area falls within the boundary of Warrington Town Centre, the Council will also consult with the Town Centre Management section.

7.1.4 Where appropriate, the Council will consult with property owners on an application for a new pavement café licence, if it is considered that they may be materially affected by the proposed area to be licensed.

7.1.5 The Council will consult with Cheshire Constabulary on

applications to transfer a pavement café licence on behalf of an applicant.

7.1.6 The consultation period for a new application will be 28 consecutive

days beginning with the day after the application is received by the Council.

7.1.7 The consultation period for the transfer of a pavement café licence will be 14 consecutive days beginning with the day after the application is received by the Council.


7.2 Public Notice

7.2.1 As part of your application for a new pavement café licence, applicants are required to display a public notice advertising their application.

7.2.2 Public Notices must be clearly visible from the outside of the business/premises that the pavement café area is associated with.

7.2.3 Public notices must be printed on A4 white paper and be in the

prescribed format as specified in this policy.

7.2.4 Public notices must be displayed at the business/premises within one working day, beginning with the day after the application is submitted to the Council.

7.2.5 Public notices must be displayed for the full 28 consecutive day

consultation period.

7.2.6 If public notices are not correctly displayed, an application may be rejected.

7.2.7 The prescribed public notice can be found at Appendix 3 of this

policy.

7.3 Representations

7.3.1 A representation is an objection that can be received against an application for a new or a transfer application for a pavement café licence.

7.3.2 Representations can be made during the 28 consecutive day (new

applications) or 14 consecutive day (transfer applications) consultation period.

7.3.3 Representations can be made by the following:

• A consultee as indicated in section 7.1.2 of this policy; • A business or body in the vicinity of the proposed pavement café

area; • Any other person with a relevant interest in the proposed pavement

café area.

7.3.4 A representation must be relevant to the application and must not be vexatious or frivolous.

7.3.5 Representations should concern themselves only with matters

relevant to the application itself.

7.3.6 The relevant delegated officer will determine whether a representation is relevant and not vexatious or frivolous.


7.3.7 Where relevant representations are received and validated by the

delegated officer, the representations will be put before the Licensing-Sub Committee who will determine the application. Please see section 12 of this policy.

8. Fees

8.1.1 The Council recognises the need for a pavement café society

culture within Warrington and will take this into account when setting its fees.

8.1.2 The Council will set fees for applications for a new licence and the transfer of a licence. The sum will be set at a level that is considered to be fair for all wishing to take advantage of a pavement café society.

8.1.3 The fees will be set by Full Council and will be reviewed annually

and reported to the Licensing Committee in the annual Fees and Charges report.

8.1.4 The Council will consult with all interested persons on the setting of

its fees.

8.1.5 Applications to renew a pavement café licence, will not incur a fee.

8.2 Failure to Pay

8.2.1 If a bank dishonours a cheque, this will result in the rejection of the application by the Council, unless payment of the outstanding fee is made by credit/debit card or cash.

8.2.2 Payment by instalment is not permitted for a pavement café licence.

8.3 Refunds

8.3.1 Applications that are rejected either by delegated officers of the

Council or by members of the Licensing Sub-Committee, will be entitled to a refund of the application fee.

8.3.2 Partial year refunds will not normally be offered for those applicants whose licences are surrendered or revoked part way through the licence period.

9 Determination of the application

9.2 Assessment of the area

9.2.1 The proposed pavement café area can be inspected by an

authorised officer of the Council at any time during the application process.


9.2.2 Licences will not normally be granted where any of the following may apply:

• A significant effect on road safety would arise either from the siting

of the tables and chairs, or from customers visiting or leaving the licensed area or:

• There are concerns over the recorded level of personal injury accidents in the locality where the tables and chairs will be sited or:

• There would be a significant loss of amenity caused by traffic, noise, rubbish, the potential for the harbouring of vermin, odour or fumes or:

• There is a conflict with Traffic Orders such as waiting restrictions or:

• The site obstructs either pedestrian or vehicular access, or traffic flows, or places pedestrians in danger when in use or:

• The tables and chairs obstruct the safe passage of users of the footway or carriageway or:

• The area to be licensed interferes with sight lines for any road users such as at road junctions, or pedestrian crossing facilities or:

• The site does not allow the licence holder, staff and customers to park in a safe manner or:

• The trading activity is carried out after dusk and the site is not adequately lit to allow safe access and egress from the site for both customers and staff.

9.3 Needs of the area

9.3.1 It is important that pavement café licences complement the

surrounding area. Each application will be considered on its own merits against the criteria outlined in section 6.1.2 of this policy.

9.4 Permitted Trading Hours

9.4.1 Hours of trading will be assessed in accordance with section 6.5 of

this policy.

9.4.2 The Council will consider the needs of an individual area in terms of public order, public nuisance, public safety & crime and disorder.

9.4.3 The Council retains the right to specify permitted hours of trading if

local circumstances require it.

9.5 Persons under the age of 18 years

9.5.1 The Council will not grant a pavement café licence to persons

under the age of 18 years.


9.6 Relevant Representations

9.6.1 Where the delegated officer of the Council has received and accepted a relevant representation(s) (please see section 7.3 of this policy) against a new or a transfer application for a pavement café licence, the application will be referred to the Licensing Sub-Committee for determination. Please see section 12 of this policy.

10 Refusal of applications

10.2 New application

10.2.1 New applications that are considered by delegated officers as

being unsuitable under this policy will be rejected.

10.2.2 Where the Council refuses a new application, the applicant will be informed in writing of the reasons for not granting the application.

10.3 Renewal application

10.3.1 Where justified complaints have been made and/or enforcement issues have arisen, the licence may not be renewed.

10.3.2 Where the Council refuses to renew a licence, the applicant will be informed in writing of the reasons.

10.4 Transfer application

10.4.1 Applications received that do not meet the criteria set out in section

6.8 of this policy will not be accepted.

10.5 Failure to pay

10.5.1 If a bank dishonours a cheque, this will result in the rejection of the application, unless payment of the outstanding fee is made by credit/debit card or in cash.

10.6 Appeals

10.6.1 There is no right of an appeal for the refusal of an application in relation to a pavement café licence.

11 Approval of Applications

11.2 New Pavement Café Licence

11.2.1 Where a new application for a pavement café licence is received and no relevant representation has been received the application will normally be granted.

11.2.2 Pavement café licences will be issued indefinitely beginning on the

date on which the licence is first granted.


11.2.3 A licence may be suspended or revoked by the Council at any time

during the lifetime of the licence.

11.2.4 When granting a licence for a new pavement café, the Council will attach mandatory conditions. (Please see Appendix 2 of this policy).

11.2.5 The mandatory conditions attached to the licence must be

complied with at all times. Failure to do so could constitute an offence, and the licence could be suspended or revoked.

11.2.6 The Council may attach additional conditions where it has reason

to do so at any time during the licence period.

11.2.7 The addition of conditions to any licence will be communicated in writing to the licence holder and will take effect from the date of the notification letter.

11.2.8 The pavement café licence cannot be varied and any change in

licence holder must be communicated to the Council on an application to transfer a pavement café licence.

11.2.9 On approving the application, the Council will issue a pavement

café licence.

11.3 Renewal of a Pavement Café Licence

11.3.1 Pavement café licences are issued with an indefinite expiry date.

11.3.2 Renewal of a licence is automatic.

11.3.3 The Council will only re-issue a licence where details concerning the licence holder have changed.

11.4 Transfer of a Pavement Café Licence

11.4.1 Where an application is received for the transfer of a pavement

café licence, and no relevant representation has been made by Cheshire Constabulary, the application will normally be granted.

11.4.2 Any mandatory or additional conditions attached to this licence will

remain in force for as long as the licence remains valid.

11.4.3 On approving the application, the Council will transfer the pavement café and issue an amended licence.


12 Licensing Sub-Committee

12.2 At the end of the 28 consecutive day (new application) or the 14 consecutive day (transfer application) consultation period, a delegated officer will review any representation(s) received against an application.

12.3 If representations are considered to be relevant, the application will be referred to the Licensing Sub-Committee for determination.

12.4 A copy of the relevant representation(s) will be sent to the applicant in writing to allow them the opportunity to address the representees concerns.

12.5 The applicant will be invited to attend the Licensing Sub-Committee and offered the opportunity of addressing members of the Committee, to support their application.

12.6 The representee(s) will be invited to attend the Licensing Sub-Committee and also offered the opportunity of addressing members of the Committee, to support their representation.

12.7 Members of the Licensing Sub-Committee will then determine the application as follows:

• grant the application and issue a licence; • grant the application with modifications (i.e. alteration to trading

hours etc.); • attach additional conditions to the licence; • refuse the application.

12.8 The Council will then issue a notice of determination of the

application to the applicant and any representees in writing.

12.9 If granted, the Council will issue a new pavement café licence or will transfer an existing pavement café licence.

12.10 There is no right of appeal against a refused application.

13 Enforcement of Pavement Cafes

13.2 Warrington Borough Council will actively enforce the provision of the pavement café scheme within its area in a fair and consistent manner.

13.3 Persons trading without a pavement café licence and who are not exempt (see section 4 of this policy) will be the subject of enforcement action.


13.4 Each pavement café licence holder will be the subject of compliance checks: these will be combined with any routine food hygiene inspection where possible.

13.5 The Council will endeavour to respond to complaints about the operation of a pavement café as soon as practicable.

13.6 Pavement café licence holders must allow access to Authorised Officers of the Council and other authorised officers at all reasonable times. Council officers will carry with them and produce on request official identification.

14 Complaints against this Service

14.2 Warrington Borough Council has an agreed procedure for dealing with complaints about the services it delivers. If you wish to complain about the delivery of pavement cafes you should contact us on 01925 442590.

14.3 If the matter cannot be resolved, advice will be given on how to further your complaint under the Council’s Complaints Scheme.

15 Policy Review

15.2 This policy took effect on [date passed].The Council will review the policy whenever it is considered that relevant issues have arisen.


APPENDIX 1 Definition of terms used in this policy Within the terms of Warrington Borough Council’s Pavement Café scheme the following definitions apply: The Council means Warrington Borough Council “Pavement Café” is defined in paragraph (1) of Section 115C of the Highways Act 1980-herinafter “the Act” as: “…facilities for …refreshment on a highway to which this part of this Act applies”. Designated Area includes: (a) any road, footway or other area to which the public have access

without payment having the legal status of a highway and; (b) a service area as defined in Section 329 of the Highways Act 1980,

and also includes any part of a street.

The Licensing Authority means the elected members of the Licensing Committee of Warrington Borough Council.

Licensed Premises means premises authorised under the Licensing Act 2003 for the sale of alcohol, late night refreshment and or regulated entertainment.

Licensed Area means an area defined under the Highways Act 1980 that has been granted a pavement café licence in which tables, chairs and other items may be placed.

Licensed Period means the hours a pavement café may open to trade to members of the public.

Commercial Waste Receptacle means a bin that is used solely for commercial waste.

Terminal Hour means the hour that the pavement café must be closed to members of the public.

Consultation period means the timeframe within which an objection can be received against an application.

Consultees are the bodies that the Council will consult with on an application.

Relevant Representation means an objection received against an application that has been approved and accepted by the relevant designated officer of the Council.

Authorised Officer means an officer employed by Warrington Borough Council and authorised by the Council to act in accordance with the provisions of the Highways Act 1980.

.


Relevant Designated Officer means an officer employed by Warrington Borough Council and authorised by the Licensing Committee of the Council to carry out the provisions of the Highways Act 1980.

Interested Persons means any person who would be affected either directly or indirectly by a pavement café licence (e.g. local businesses, residents etc.).

Licensing Sub-Committee is a meeting of elected members from the Licensing Committee of the Council.

Pavement Café Licence is an authorisation to place tables, chairs and other items on the highway granted by the Council, pursuant to Section 115C of the Highways Act 1980.

Mandatory Condition is a condition attached to every pavement café licence which must be complied with at all times.

Additional Condition is a condition that does not form part of the mandatory conditions but is attached to a licence to address individual concerns regarding an application or applicant.

Representee is a person that has lodged an objection against an application with the Council.

Licence Holder means the person or company to whom the licence has been granted by Warrington Borough Council.

Notice of Determination is the written outcome of an application that has been presented before the Licensing Sub-Committee.

Other Authorised Officer is any officer employed by Cheshire Constabulary or Cheshire Fire Service.

Refreshment means hot or cold food and drink.


APPENDIX 2

Warrington Borough Council Mandatory Conditions attached to a

Pavement Café Licence

1. The granting of a pavement café licence applies only to the applicant in respect of the premises concerned and is outside of and in addition to a licence to sell alcohol. Where alcohol is sold a premises licence under the Licensing Act 2003 will be required.

2. Any changes to any part of the pavement café (including furniture, other items, the area or operating hours) is strictly prohibited under the terms of this licence.

3. All customers using the pavement café will be required to be seated.

4. Pavement café licences are issued in the name of the operator/licence

holder. If the operator/licence holder changes, the licence holder is obliged to transfer the pavement café licence to the new operator/licence holder.

5. The licence holder shall indemnify the Council against all actions, proceedings, claims, demands and liability which may at any time be taken, made or incurred in consequence of the use or presence of the chairs and tables and other objects.

6. Where repair or maintenance of the pavement/highway is to be undertaken, the Council will endeavour to give the licence holder adequate notice. The Council will not be liable for any loss of earnings whilst repair/maintenance is carried out. The licence holder must allow the Council reasonable access for such works.

7. The licence holder must, as soon as reasonably practicable upon identification, notify the Council’s Highway section of any repair/maintenance work required to the highway surface within or around the licensed area.

8. It will be the responsibility of the licence holder to keep the licensed

area clean and free of litter, during licensed/operational hours. Commercial waste from the licence holder’s operations must not be disposed of in the litterbins provided by the Council or in the litterbins provided by the licence holder in the licensed area. Licence holders are expected to comply fully with their obligations under the Environmental Protection Act 1990 (section 34 Duty of Care) with respect to commercial waste produced on the premises and receptacles provided for that purpose will not be stored within the licensed area. The Licence holder is responsible for the cleaning of the pavement café area and any area where Commercial Waste bins are stored.


9. The Licence holder shall make no claim or charge against the Council in the event of the chairs or tables or other objects being lost, stolen or damaged in any way from whatever cause.

10. The licence holder shall make no charge for the use of the chairs or tables or other objects.

11. Tables and chairs shall not be affixed to the highway and should not be stored on the highway when they are not in use, e.g. during inclement weather or before or after the pavement café is open.

12. Furniture should be safely stored away from public areas in such a location where it is safe, secure and unable to be accessed by members of the public.

13. The licence holder will be responsible for any damage to the highway. The permanent surface reinstatement shall be carried out to the requirements of the Highways Assets Department of Warrington Borough Council, at the licence holder’s expense and guaranteed for a minimum period of two years.

14. The licence holder shall be responsible for any rates, taxes and other outgoings, which may be charged.

15. The licence does not authorise any unlawful interference with the convenience of persons using the highway or affects the rights of owners of the premises adjoining the highway or the rights of the Utility Companies.

16. The Council shall be entitled to suspend the licence on a temporary basis on the occurrence of a special event or any other circumstance, which the Council considers to necessitate a temporary suspension.

17. The licence holder shall be permitted to set out tables and chairs (with or without umbrellas/parasols) in the area as outlined on the plan attached to the licence. The subletting of the permission granted by the licence is prohibited.

18. Any table chair, umbrella or other such item used in connection with the pavement café shall be kept in good condition and so presented as to not detract from the appearance of the street.

19. Only those items detailed in the application submitted to the Council may be used as part of the pavement café.

20. The licence holder shall comply will all statutory regulations including the need to seek the appropriate planning permission.

21. The licence holder shall comply with all statutory regulation including

the need to seek the appropriate listed building control consent.

22. The Council reserves the right to suspend/revoke the licence in the event of any breach of any term or condition.


23. The licence holder shall ensure that the pavement café area is properly supervised by a member of staff at all times the pavement café is open.

24. The licence holder may only use the pavement café area for the purposes of consuming refreshments in connection with the business only and not for any other purpose.

25. The licence is granted for an indefinite period and will be renewed

automatically.

26. All pavement café licences are subject to inspection by an authorised officer of the Council to ensure compliance with conditions.

27. A copy of the pavement café licence must be kept on the premises at all times and be available for inspection by an authorised officer.

28. The licence holder is solely responsible for the conduct of

patrons/customers within the pavement café area.

29. Patrons are prohibited from consuming food or drink bought from the premises, outside of the pavement café area.

30. Advertising on barriers and furniture items will be limited to the name

of the premises only.

31. In premises where alcohol is served, all alcoholic drinks must be served in polycarbonate glasses where available.

32. No amplified music or sound is allowed in the pavement café area.

33. Licence holders are required to obtain public liability insurance covering the business for up to £5,000,000 at all times the pavement café is operational. It is the responsibility of the licence holder to forward up to date copies of insurance certificates as and when they expire. Failure to comply with this condition can constitute an offence under the pavement café policy and enforcement action can be taken.

34. Where mobile gas heaters are used, the connections, including the

regulator, hose & clips must be fit for purpose and checked on a regular basis.


APPENDIX 3

HIGHWAYS ACT 1980 PART VIIA: PROVISION OF AMENITIES ON CERTAIN HIGHWAYS

SECTION 115C: PROVISION OF RECREATION & REFRESHMENT FACILITIES BY COUNCIL

PUBLIC NOTICE

APPLICATION FOR A NEW PAVEMENT CAFÉ LICENCE

Notice is hereby given that I have made an application for a new pavement café licence at premises known as:

on the to Warrington Borough Council to allow tables and chairs to be placed on the highway. The application, if granted, will authorise the use of the pavement café for the following days and times: A consultee or any other person may make representation which must be in writing about this application to the following address no later than: To the Licensing Section, New Town House, Buttermarket Street, Warrington, WA1 2NH A record of the application is contained in the licensing register kept by Warrington Borough Council which is available for inspection free of charge at the above address or at www.warrington.gov.uk between 09.00am and 16.00pm Monday to Friday

This notice must be displayed continuously on or near the premises to be licensed, where it can be read outside the building, for a period of 28 days from the date of the application.

http://www.warrington.gov.uk/

members of the licensing committee - warrington.gov.uk · 1. consider the request from the hackney...

Documents