Appendix B - Conditions
1 General matters
1.1 The fee for granting the permission shall be paid in advance.
1.2 The furniture shall at all times be maintained in a clean and tidy condition.
1.3 Furniture shall not be placed in any other area than that stated in the permission. It shall be placed in an area delineated by a suitable barrier, positioned to the satisfaction of the Head of Technical Services.
1.4 Furniture and temporary barriers shall be in accordance with the attached specification.
1.5 The person to whom the permission is granted shall ensure that the tables and chairs so far as reasonably practicable, and the persons using the tables and chairs, do not at any time obstruct the passage of or cause danger to persons lawfully using the highway on which they are situated.
1.6 The Council may suspend the permission at any time in the event of work being carried out in, under or over the highway on which the tables and chairs are situated or any adjacent highway, or in the case of any special event.
1.7 The person to whom the permission is granted shall indemnify the Council against any costs claims actions or damages arising out of the placing of the furniture on the highway.
1.8 The person to whom permission is granted shall bear absolute responsibility for ensuring that adequate public liability insurance is held in respect of the permitted area and the cover obtained shall be not less than £5,000,000, any one claim. Evidence of such public liability shall be provided to the satisfaction of the Council before the permission can be exercised.
1.9 The permission is not assignable.
1.10 The Council may at any time vary the permission or conditions thereof.
1.11 If the person to whom the permission is granted breaches any one or more of the conditions thereof, the Council may serve a "default" notice requiring the breach of conditions to be remedied in particular way within a stated time and should it be necessary in order to remedy the default the Council may require the furniture to be removed from the highway either temporarily or permanently.
1.12 The person to whom the permission is granted shall ensure that the tables and chairs and use thereof by members of the public are at all times supervised so as to avoid nuisance being occasioned to:
1.13 The person to whom the permission is granted shall ensure that glasses, crockery, napkins, cutlery and any other item placed upon the tables and chairs by the person to whom the permission is granted, or by any other persons, when the tables and chairs are in use, are removed from the tables and chairs when they are not in use.
1.14 The person to whom the permission is granted shall not allow music to be broadcast on to the street
1.15 The person to whom the permission is granted shall ensure that customers consuming food or drink outside the premises (building) do not do so beyond the demarcated area.
1.16 It shall be the duty of the person to whom the permission is granted to clean the section of the highway in respect of which permission is granted to the specification of the Council
1.17 The permission does not authorise the holder to allow alcoholic drinks to be served or consumed at the tables and chairs. It is the responsibility of the person to whom the permission is granted to check with the Licensing Justices that the liquor licence for the premises allows such activities to take place.
2. Design Specification
Means of Enclosure
2.1 When in use the pavement area will need to be enclosed, to demarcate the permitted area and contain the tables and chairs, thus making it distinguishable to other pavement users and particularly to assist blind and visually impaired pedestrians.
2.2 The layout of furniture and means of enclosure will only be approved if the Council is satisfied that adequate provision has been made for customers with disabilities
2.3 The enclosure shall be removed outside of the hours of operation, or when it is not intended to operate on the highway within that period. The materials should therefore be lightweight in construction and portable but stable enough to prevent collapse if accidentally walked into.
2.4 The design of the barrier should complement the character of the surrounding area and in any event must have horizontal bars / elements at around 100mm and 1,000mm above ground level.
2.5 Planters can be particularly attractive and may be used as part of the means of enclosure, but must be removed from the highway outside of the hours of operation.
2.6 Notwithstanding the foregoing, the enclosure shall comply in all respects with the provisions of the Council's design guide.
Furniture
2.7 The furniture should be of a high quality and uniform style within the permitted area. White plastic and/or picnic tables will not normally be approved.
2.8 Where umbrellas are used these must be fabric type (i.e. non-reflective) and display only limited advertising/logos upto 150 x 450mm in size. Umbrellas are to be positioned so as to avoid overhanging outside the enclosure or impairing vehicle sightlines.
2.9 Non-furniture items e.g. menu boards, signs, portable gas heaters also need to be approved as part of the enclosed area, and any unacceptable clutter or intrusion will need to be removed if it is seen as causing a problem.
2.10 All items need to be portable enough to be brought in at the end of the permitted period each working day or in the event of an emergency.
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