Street cafe licence

Conditions of Permission

1. The Holder(s) of this Permission shall not exercise privileges granted by this Permission otherwise than strictly in accordance with this Permission.
2. The Holder(s) shall produce this Permission on demand when so required by a Police Officer or a duly authorised Officer of the Council.
3. The Holder(s) shall return this Permission to the Customer Services Office immediately on revocation of this Permission.
4. The Holder(s) shall not cause any obstruction to the highway (outside the licensed area) or danger to persons using it and shall not permit persons to gather so as to cause a nuisance or annoyance or danger to any persons lawfully using the highway.
5. Not withstanding the specific requirements in condition 4 above the Holder(s) shall not do or suffer anything to be done in or on the highway which in the opinion of the Council may be or become a danger, nuisance or annoyance to or cause damage or inconvenience to the said Council or to the owners or occupiers of any adjacent premises or to members of the public.
6. The Holder(s) shall not make any excavations or indentations of any description whatsoever in the surface of the highway or place or fix any equipment of any description in the said surface, unless otherwise agreed with the Council in writing.
7. The licensed area to be used must be used solely for the purpose of consuming refreshments and not for any other purpose whatsoever.
8. The Holder(s) shall not take the issue of this Permit to exclude the requirement to obtain any other licenses, planning permission or consents which may be required to accommodate all of the proposals. The Applicant must contact the local Planning Authority, prior to submitting a licence application, who will advise whether Planning Permission is required (Planning Authorities are found on page 7).
9. The Holder(s) 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 Holder(s) shall not assign, sublet or part with any interest or possession given by this Permission or any part thereof but the Holder(s) may surrender it at any time.
11. The Holder(s) shall observe and comply with any directions in relation to the use of the licensed area given by duly authorised officers of the Council.
12. A duly authorised Officer of the Council shall have the right to inspect the licensed area and make any suitable changes to the layout of the area if deemed necessary in the interests of highway safety.
13. The Holder(s) shall maintain the licensed area and the immediate adjacent area, in a clean and tidy condition during the Permitted hours and shall leave the same in clean and tidy condition and unobstructed, which shall include (1) washing down the area, and (2) removing any refuse and litter deposited on the highway in the vicinity of the licensed area. This will be carried out whenever necessary and in a way which does not create a nuisance to other parties and neighbouring premises.
14. The licensed area shall be defined with boundary railings with both a hand and tapping rail to assist people with impaired vision to recognise the perimeter. Such furniture to be an agreed standard and may be themed to match the rest of the cafe furniture. It must be maintained in a clean and tidy condition and not placed so as to obstruct any entrance or exit to buildings.
15. The Holder (s) shall not display any signs, adverts or banners anywhere on the Highway or around the perimeter of the licensed area without the permission of the Council.
16. The Holder(s) shall within the licensed area provide litter bins or similar receptacles for the deposit of cartons, wrappers, containers and similar discarded items if required and ensure that the same are emptied daily and more often when required. Waste from the Holders’ operations must not be disposed of in the permanent litter bins provided by the District Council within the highway.
17. The Holder(s) shall remove all furniture or equipment, litter bins or other articles placed on the licensed area in accordance with this Permission at the expiry, surrender or revocation of the Permission and at the end of the Permitted Hours each day.
18. The Holder(s) 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 this permission and for this purpose must take out at the Holder(s) expense a policy of public liability insurance approved by the Council in the sum of at least £5,000,000 in respect of any one event and must produce to the Council on request current receipts for premium payments and confirmation of annual renewals of the policy.
19. Nothing herein contained shall be construed as the granting or purported granting by the Council of any tenancy under the Landlord and Tenant Act 1954 or any permission under the Town and Country Planning Act 1990 or any statutory modification or re-enactment thereof for the time being in force.
20. No alcohol shall be consumed on the highway unless a licence has been issued to the Holder(s) by the appropriate Alcohol Licensing Authority (Borough and District Councils found on page 7).
21. The Holder(s) shall be responsible for any rates, taxes and other outgoings charged in connection with the licensed area.
22. The fee for the provision of this Permission shall be £250 (VAT is not payable) for up to 5 tables or up to 10m ² and an annual renewal fee of £65 or for over 5 tables or over 10 m ² , the fee shall be £450 and an annual renewal fee of £115.
23. The Holder(s) may from time to time be notified of temporary suspension of the permission granted to allow for maintenance, installation works or any other lawful activity (including Street Works and Road Works) to take place. In other cases where the use of the highway alters, the permit may be revoked by issue of a notice. Permission may also be revoked for non-compliance with the above conditions and the Council shall not in any circumstances be liable to pay compensation to the Holder(s) in respect of such suspension or revocation.
24. In certain circumstances the Holder(s) may be required to take immediate action to remove all furniture and equipment from the highway at the specific request of a Police Officer or duly authorised Council Officer.
25. The Council will define and implement boundary points to the licensed area with brass studs, the cost of which will be charged to the Holder(s). Where it is necessary to remove the brass studs, for example, pending the termination of the permission, the removal cost will be met by the Holder(s).
26. Prior to issuing this Permission the Council may if necessary consult with North Yorkshire Police on issues of Public Nuisance and Safety.
27. If during the term of the Permission the Council receives complaints relating to the area which in the opinion of the Council are serious, it will consider revoking the Permission.
28. This Permission may be terminated at any time by either the Holder(s) or the Council on the giving of a minimum of 4 weeks notice.
29. The Council reserves the right to issue a licence or terminate a licence. All applications will be judged on their individual merits, although it should be noted that in no circumstances will a license be issued where this would result in a remaining usable width of pavement of less than 2 metres.

Note: In addition to the ‘Conditions of Permission’ your attention is drawn to the overriding requirements of Section 115 of the Highways Act, 1980 a copy of which is attached for your information. Failure to comply with any Conditions of Permission will require the Council to consider whether any subsequent Permissions should be granted to the Holder(s) of this Permission.

Permits are valid for 12 months