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Pavement Licence Standard Conditions

Standard Conditions for the provision of Amenities on highways under Highways Act 1980 Sections 115A to K

 

General

1.             Permission under section 115E of the Highways Act 1980 is granted subject to the following standard conditions issued under section 115F of the Highways Act 1980.

2.             The council may suspend, vary or withdraw the permission at any time.

3.             Variations to these standard conditions are included in the issued permission notification.

4.             A copy of the permission and conditions should be available for inspection by the public on request during operating hours.

5.             The granting of this permission does not remove the need to obtain any other consent required in law e.g. planning consent, food standards, premises licencing etc. or comply with any byelaws or other legal restriction.

6.             Failure to comply with any notified conditions or a reasonable request of the council, may result in the permission being withdrawn and may prejudice any future application.

7.             Nothing in this permission removes the need to comply with any current legislative requirements. This includes any requirement for the prevention and control of disease e.g. coronavirus and social distancing. Further guidance will normally be available from government websites e.g. www.gov.wales   www.gov.uk  www.legislation.gov.uk.   Requirements may differ depending on location and may change over time.

8.             The holder of the permission indemnifies the Council against all actions, demands, costs, charges or expenses arising from using the highway under the permission granted and will maintain third party public liability insurance in the sum of at least £5,000,000.

9.             Access to and sole use of any area is not guaranteed by any granted permission.

10.         No right to occupy or assumption of ownership will derive from the granting of any permission.

11.         No compensation shall be payable by the council for any loss of the amenity hereby permitted.

12.         The permission is not transferable. Changes of operational manager are permitted.

13.         Changes/Variations to the permitted activity(ies) must be discussed with the council to determine if a new application is required or if a revised permission can be issued.

Location, activities and duration

14.         Details of the location and activities to which these conditions apply are included in the specific permission.

15.         Permitted activities included: consumption of food, beverages etc at seated or standing tables; display, sale or serving of goods from stalls or counters.  Open spaces for uncontrolled congregational use are not permitted unless specifically detailed in the notice of permission.

16.         Permission is given for the period stated in the notification or a maximum of 12 months from the date of granting.

Access and highway safety

17.         No right of access shall be restricted for those with a legal interest in the area e.g. highway authority, street authority, statutory undertakers, property owners.

18.         Access must be permitted on request and without delay to allow works to be completed by the highway or street authority, statutory undertakers or those with a legal right.

19.         Passage along a highway must be maintained. The minimum required width for pedestrians under this permission is 1.5 metres of clear pedestrian area to the side of any amenity provided under this permission.  Increased width is required in key areas such as adjacent to bus stops. Further guidance is given in Government guidance on "Inclusive mobility" published on their website: www.gov.uk/government/publications/inclusive-mobility/inclusive-mobility which also gives guidance on height clearance.

20.         Adequate clearance is required between the edge of the permitted area and any live traffic.  This may be delineated by suitable barriers etc. Any provision agreed under this permission shall be maintained during use of the permitted area.

21.         Suspended items e.g. umbrellas, shall not extend outside the permitted area.

22.         Any amenities provided shall not obstruct the visibility at crossing points, junctions etc for pedestrians or other highway users.

23.         Unauthorised items will be removed and stored. If not claimed within 4 weeks they will be disposed of. A fee for collection and storage may be chargeable.

24.         Any item provided under this permission shall be capable of easy removal and unless otherwise agreed shall be removed at the end of each permitted operating period. e.g. at the close of business for that day.

25.         No permanent fixings or alterations to the permitted area are allowed under this permission. Proposals for any such provision will likely require the authorisation of the street authority, contact:  street.works@powys.gov.uk  Tel: 01597 826667.  A licence fee is normally payable for any agreed street works.

26.         Every effort should be made to avoid causing damage to the highway or adjacent property. The cost of rectifying any damage may be recharged.

Cleanliness

27.         Smoking is not allowed in any of the area for which permission has been granted.

28.         The permitted area shall be kept in a clean and tidy manner at all times during use regardless of the origin of any detritus.

29.         Spillages, breakages and the like shall be cleared up immediately.

30.         Suitable and sufficient containers shall be provided for disposal of customer litter etc. Wheelie bins are not considered suitable for this purpose.

31.         Reasonable steps shall be taken to ensure that adjacent areas to the permitted site shall be kept clear at all times of wind-blown and other material from the permitted use. "Adjacent area" is considered to comprise at least the frontage of any neighbouring properties to any side unless that area is covered by another permission.

32.         Arrangements to clear any litter or other material from adjacent private land should be agreed with the owner/occupier.

33.         At the end of each operating period the area shall be thoroughly cleansed by sweeping, washing or other means such that it is left in a clean and tidy condition.

34.         Recycling, waste disposal etc must be through commercial outlets. The use of amenities provided for general public use is not permitted e.g. street recycling and waste bins.

35.         Failure to comply with the cleaning requirements will jeopardise renewal of the permission and may result in action under amenity and waste law.

Quality and safety of fittings and fixtures

36.         Any fittings, fixtures etc shall be of suitable for non-domestic purposes including strength, durability and safety requirements.

37.         No fittings shall be attached to any council property e.g. street light, without specific written consent.

Lighting

38.         Lighting shall be selected so as to minimise night sky pollution and annoyance to neighbours.

39.         Light fittings shall be to a standard suitable for external use and shall be installed and certified by an appropriately qualified person.

40.         Lighting shall be installed so as not to distract other road users e.g. dazzling car drivers.

41.         There is a presumption against the use of outdoor heaters on environmental and safety grounds.

Advertising

42.         Limited non-offensive advertising is permitted to be displayed on inward facing surfaces of fixtures and fittings. External facing advertising is limited to the name of the business/service to whom permission is granted.

43.         An officer of the council will determine what constitutes "offensive". Any material considered to be offensive must be removed as instructed or permission will be withdrawn. Appeals in relation to a determination on offensive material must be submitted in writing.

Interpretation and Clarity

44.         The council will provide interpretation and/or clarity on any condition and may issue updated or further guidance as required. The opinion of the council is final.

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