Pavement licence terms and conditions

These are the terms and conditions for a pavement licence.

1. General conditions

• Consent to use the highway for pavement use is valid for 12 months from the date of the licence.
• The purpose of a pavement licence is to allow customers to enjoy outdoor facilities (such as eating and drinking) on the public highway. A pavement licensed area intended solely as standing space would not be considered an appropriate use of the highway and a licence may therefore be refused.
• The operational hours for the pavement licence will be time limited and may not necessarily match the opening hours of the business. The Council will consider each application individually and determine what is appropriate for the local environment.
• The licensee must hold public liability insurance and indemnify the City of Bradford Metropolitan District Council for a minimum of £10 million against claims arising from injury, accidents, damage or loss associated with the pavement licence, except where caused by the Council's negligence.
• Public liability insurance must be maintained throughout the duration of the licence. Failure to do so will be considered a breach of the licence conditions.
• The possibility of obtaining a pavement licence should not be used as a bargaining tool for the sale, lease or rental of a business or premises. A licence may be revoked at any time due to operational requirements, street works, maintenance, improvement schemes, events or changes in ownership.
• The City of Bradford Metropolitan District Council will not be liable for any loss of business or disruption caused by third parties, including contractors or statutory undertakers carrying out works.

2. Licence area and layout

• The pavement licensed area must be arranged to ensure access for disabled persons is maintained at all times and comply with the Equality Act 2010.
• The licensed area must normally adjoin the building line of the establishment it serves.
• The proposed licensed area must provide an unobstructed footway of at least 1.8 metres from barrier to kerb.
• There must be an unobstructed corridor to the premises entrance at all times with a minimum width of 1.5 metres.
• Highways street furniture, road traffic signs and associated equipment must be considered when maintaining a clear pedestrian route.
• The licensed area must not extend beyond the width of the business frontage or impede neighbouring businesses.
• Outdoor furniture must not be placed outside the approved licensed area without prior written consent from the Council.
• Under no circumstances may the surface of the public highway be altered or damaged. Decking, tiles, artificial grass, stickers, painted areas or similar installations are prohibited. Drilling into the highway to secure structures is also prohibited. Any damage caused will be the responsibility of the licensee.
• The pavement licensed area must not obstruct access for emergency services, utility companies or highway maintenance operations.
• Upon request by the Council, Police, Fire and Rescue Service or Ambulance Service, all furniture and equipment must be removed immediately where required in the interests of public safety.

3. Demarcation and enclosures

• All barriers, planters and other means of demarcation must be readily detectable by visually impaired pedestrians and maintained in a safe and stable condition.
• A physical barrier must be provided to assist people with disabilities in safely navigating around the licensed area.
• Barriers must not be permanent structures and should have minimal visual and physical impact on the street scene.
• Barriers should not exceed 1200mm in height and should be constructed from stainless steel, chrome, black steel or solid timber uprights.
• Barriers should include horizontal rails at both the top and bottom and have sufficient weight to withstand adverse weather conditions.
• The upper rail should be set at approximately 1000mm and include a tapping rail approximately 150mm above ground level. Rope barriers are not permitted.
• Any fabric or sheet material fixed between posts must be securely attached at both the top and bottom to prevent movement in windy conditions.
• Barriers may be used to identify and promote the licensed premises. Advertising of other businesses or products is not permitted.
• Colours, logos and designs should be sympathetic to the surrounding area. Lettering and logos should be displayed against a single block background.
• Planters may be used for demarcation provided they are fitted with lockable castors and are approximately 1000mm high with a base positioned around 150mm above ground level.
• All demarcation features must remain within the approved licensed area.
• All demarcation features must be capable of being removed at short notice if requested by the Council or Police.

4. Furniture and equipment

• Tables and chairs should be of matching design and manufactured from timber or metal. Plastic garden-style furniture is not acceptable.
• Furniture must be of sufficient weight and quality to withstand normal weather conditions.
• Parasols are permitted provided they are made from non-reflective material, remain within the licensed area and do not form a continuous canopy. Colours should not be visually intrusive.
• Awnings or canopies projecting from a building are not permitted unless the premises holds a valid oversail licence.
• A-boards are permitted within the licensed area.
• Furniture and equipment must not obstruct highways furniture, traffic signs or associated equipment.
• Pointed knives, including steak knives, should not routinely be provided within the licensed area. The Council reserves the right to require the use of rounded-tip cutlery where appropriate.
• All furniture must be maintained in a safe, clean and serviceable condition.
• Inflatable furniture, domestic picnic furniture and similar temporary-style furniture are not permitted.
• Furniture and equipment must be secured or stored appropriately when not in use to prevent theft, unauthorised use or movement caused by adverse weather.
• All furniture and equipment must be removed from the highway outside permitted operating hours, leaving the area unobstructed.
• The licensee must demonstrate adequate storage arrangements for furniture when not in use.
• Furniture and equipment must be capable of being removed from the highway at short notice upon request by the Council or Police.

5. Alcohol and glassware

• Glassware, including pint glasses, tumblers, wine glasses and flutes, is permitted within the licensed area. However, the Council or West Yorkshire Police may require the use of plastic or polycarbonate alternatives where anti-social behaviour or public safety concerns arise.
• The use of glass bottles should be minimised wherever possible, with drinks transferred to drinking vessels at the point of sale.
• Licensees must ensure that glassware does not leave the licensed area.
• Open glass bottles must not be left unattended and should be removed once no longer required.
• The Council, West Yorkshire Police or authorised officers may require the use of polycarbonate or reusable plastic drinking vessels during specified events, high-risk periods or where public safety concerns exist.
• Alcohol may be consumed within the licensed area only during the permitted hours of the pavement licence and premises licence, whichever ends sooner.
• The Council reserves the right to amend alcohol consumption hours where necessary in the interests of public safety or following enforcement action.
• The sale, service or consumption of alcohol may be restricted during particular events or circumstances where considered necessary by the Council.
• Where a Public Spaces Protection Order (PSPO) is in force restricting alcohol consumption, alcohol will still be permitted within an approved licensed area.
• Consumption of alcohol within an area covered by a PSPO without an approved pavement licence will be subject to relevant enforcement procedures in addition to Highways Act enforcement.
• Temporary dispensations relating to PSPO restrictions may be granted for specific events at the discretion of the relevant Council officer.

6. Food hygiene and cleanliness

• Businesses serving food must achieve and maintain a Food Hygiene Rating of 3 or above in order to hold a pavement licence.
• New businesses awaiting their first inspection may be granted a temporary exemption until inspected. Failure to achieve a rating of at least 3 following inspection may result in licence revocation.
• The licensed area must be kept clean, maintained regularly and free from litter, food waste and debris.
• At the end of each operating period, the highway must be thoroughly cleansed after all furniture and equipment has been removed.
• Suitable toilet and hand-washing facilities must be available within the premises.
• Suitable litter facilities must be provided where appropriate.
• Refuse bins, waste sacks and recycling containers must not be stored within the licensed area.

7. Public safety and customer management

Customer behaviour

• Congregations outside the licensed area are not permitted.
• The licensee is responsible for managing customer behaviour and ensuring pedestrian routes remain unobstructed.
• Nuisance arising from noise, disturbance, odours, litter or similar activities will not be permitted.
• The Council may refuse, suspend or revoke a licence where persistent anti-social behaviour is associated with the licensed area.

Smoking and vaping

• The Council encourages businesses to provide predominantly smoke-free outdoor seating areas.
• Where smoking is permitted, separate smoking and smoke-free areas should be provided wherever reasonably practicable, with a minimum separation distance of two metres.
• Smoke-free seating areas must display appropriate no-smoking signage and must not contain ashtrays or similar smoking receptacles.
• Smoking areas must not be substantially enclosed and must comply with the Health Act 2006 requirements.
• Smoking must not take place close to entrances or exits serving any premises.
• The same restrictions applicable to smoke-free seating areas shall apply to vaping.

Safety requirements

• The licensed area must not obstruct fire exits or emergency escape routes.
• Assistance dogs must be permitted access at all times.
• Children using the licensed area must be appropriately supervised.
• Speakers, amplified music, televisions, public address systems and similar equipment are prohibited unless specifically authorised.
• Portable gas heaters are not permitted unless expressly approved by the Council and supported by a suitable risk assessment.

8. Display and administration of licence

• The pavement licence must be clearly displayed in a window or doorway adjoining the licensed area.
• Authorised officers may inspect the licensed area to verify compliance with licence conditions.
• The licensee must notify the Council of any material change in circumstances, including the sale of the business or cessation of use of the licensed area.
• Pavement licences are non-transferable.
• Where the licensed area is no longer required, the licence should be removed from display and the area returned to normal highway use.
• Applications for renewal must be submitted at least four weeks before the existing licence expires. The Council is not responsible for issuing reminders.
• Any permissions previously granted cease immediately upon expiry of the licence.

9. Enforcement

• Enforcement action may be taken where licence conditions are breached or where highway seating is provided without the required pavement licence.
• Operating without a pavement licence is an offence under the Highways Act 1980 and may result in a fine of up to Level 5 on the standard scale.
• The Council, in conjunction with partner agencies where appropriate, reserves the right to refuse, revoke, suspend or amend a pavement licence where:
  • the licence conditions cannot be satisfactorily complied with;
  • there has been a breach of licence conditions; or
  • it is necessary in the interests of public safety, including street works, maintenance activities, public events, demonstrations or recurring anti-social behaviour.
• The Council reserves the right to amend these terms and conditions. Where this occurs, the licensee will be notified in writing and provided with a reasonable period to implement any required changes.