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Last updated: 22-06-2023. From web page: Tables and chairs consent.
Highways Act 1980, Part VIIA - Carlton Place
Footway Consent Conditions
Tables And Chairs On The Highway
- The consent shall be valid for a period of one calendar year from the date the consent is given and may be renewed, at the discretion of the Council, thereafter. Note: Although the Consent is for one year the benches may only be placed on the Consent Area between 1st April and 30th September unless otherwise agreed and must be removed outside the agreed period.
- The consent is personal to the consent holder hereinafter defined as the “Consent Holder” who applied for the Consent, is not transferable and shall cease to have effect immediately on the Consent Holder ceasing to occupy the premises to which the consent attaches.
- Initial and renewal applications should be made so as to be received by the Council no later than four months before the date you would wish the consent to commence.
- The consent shall be for a specified number of tables and chairs at a defined location, occupying a specific area which must not be exceeded. A plan detailing the defined area of footway (hereinafter defined as the “Consent Area”) which may be occupied will be issued to the applicant if consent is granted.
- Consent Holders may put in place boundary marking which must be approved by the Council. However, it should be noted that any form of paint markings or permanent fittings shall not be permitted and that boundary markers, such as barriers, must be removed when the use of the Consent Area is not permitted. Additionally the Consent Holder shall not make excavations or indentations in the Consent Area.
- Advertising A Boards or other such boards must not be placed on or outside the Consent Area.
- The Consent Holder will ensure that all staff will undertake ACT training in line with Martyn’s Law.
- Tables, chairs, displays, barriers etc must not be placed out before 08:00 on Monday to Saturday and must be removed by 23:00 and not before 08:00 on Sunday and removed by 22:00 (except Bank Holidays when they may remain until 23:00) on the same day, or by the closing time of the premises, whichever is earlier. This is subject to any licensable hours or conditions attached to a premises licence under the licencing Act 2003. All furniture, equipment and other things used in connection with this consent shall be permanently removed on expiry of the consent.
- No music or public address system, sound amplification apparatus or any musical instruments, radio or television, shall be permitted in the Consent Area.
- The furniture and displays shall be used in accordance with the Council’s Pavement Café guidance unless otherwise agreed with the Service Manager- Highways & Infrastructure
- A minimum of 50% of the Consent Area must be smoke free. There must be a minimum of 2 metres segregation between smoking and non-smoking areas, together with clear signage and no ash trays left out in the non-smoking area.
- There must be no obstruction of any entrances or exits to any premises.
- No permanent fixings are to be placed on the highway.
- It is the responsibility of the Consent Holder to keep the Consent Area and the immediate adjacent area clean and free from litter at all times. The Consent Holder will ensure that glassware/plasticware is not left unattended for long periods. If required by the Council, the Consent Holder shall provide litter bins for the deposit of all refuse and other discarded items, and ensure that the same are emptied daily. The Consent Holder will provide enhanced cleansing & sweeping of the Consent Area as agreed with the Council. There will be a weekly washing down of the Consent Area to prevent staining or damage of the resin bound surface.
- Access to any statutory undertakers’ plant must be made available when required and consent shall be suspended if road or street works are to be carried out which affect the Consent Area.
- The Consent Holder shall indemnify the City Council, as Highway Authority, from and against all actions, claims, demands, costs, charges, losses and expenses which may be brought or made against them or incurred by them in the occupation of the highway granted under this consent and shall provide proof of adequate public liability insurance to this effect to the satisfaction of the City Council.
- If for any legal reasons the premises cease operating or the operations are suspended the consent will also cease or be suspended and no part of the fee will be refundable.
- Special conditions may be imposed in relation to specific applications; these shall be in addition to these conditions and, in a case of conflict, shall prevail over any other applicable conditions.
- The notice provided with the consent must be displayed for the duration of the consent in an external window adjacent to the Consent Area where it can easily be seen by passers-by. The Consent Holder shall return the notice immediately upon cessation of the consent.
- Renewal of consent shall be subject, amongst other factors, to the applicant’s compliance with the consent conditions during the period of the previous consent.
- If the Consent Holder intends to provide alcohol for consumption in the Consent Area, the applicant shall provide evidence of a premises licence under the Licensing Act 2003 for this prior to the grant of the consent.
- The Consent Holder shall not cause any obstruction on the highway or danger to any person lawfully using the highway and, save as expressly permitted by this consent, 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 causing damage or inconvenience to the said Council or to the owners or occupiers of any adjacent or neighbouring premises or to any member of the public.
- If it appears to a Council that the Consent Holder has committed any breach of the terms of the permission, they may serve a notice on him requiring him to take such steps to remedy the breach as are specified in the notice within such time as is so specified.
- If the Consent Holder fails to comply with the notice as set out in Clause 23 the Council may take the steps themselves. Where expenses have been incurred these expenses together with interest may be recovered by the Council from the Consent Holder
- The City Council may revoke the consent immediately if
- The Consent Holder has failed to comply with a notice from the City Council as set out in Clause 23.
- There is a risk to public health or safety.
- Anti-Social behaviour or public nuisance is being caused or risk being caused.
- The Consent Holder shall not assign, or part with any interest or possession given by this consent or any part thereof, but the holder may surrender it at any time. On surrender of the consent, no fee or part of any fee paid shall be refundable to the Consent Holder.
- Nothing herein 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.
- The Consent Holder may use glassware for their customers within the pedestrianised area of Carlton Place from 12pm up until 9pm Monday – Sunday, with the exception of local football match days and higher profile football matches, such as World Cup or Euros games or other major events.
The Consent Holder’s attention is drawn to the following:
- The provisions of chapter 2 of part 1 of the Criminal Justice and Police Act 2001 and the City of Southampton (Alcohol Consumption in Designated Public Places) Order 2007 (or any amendment thereto or successor order), made pursuant to that legislation.
- The provisions of the Licensing Act 2003 in relation to the sale or supply of alcohol, provision of regulated entertainment and provision of late-night refreshment.
- Consent Holders are strongly advised to seek their own independent legal advice about these matters.