Pavement permits and licences

Standard conditions to be added to a Pavement Licence issued under Business and Planning Act 2020

• Neither the barriers or tables and chairs must obstruct the entrance into or out of the establishment.
• A safe pathway for pedestrians of a minimum of 2 metres or 2.5 metres in busy locations of footway must be maintained at all times.
• The Licensee shall attach no fixtures to or make excavations of any kind in the surface of the highway which shall be left entirely undisturbed.
• The Licensee shall make no claim or charge against the Braintree District or Essex County Council in the event of the furniture or other objects being lost, stolen or damaged in any way from whatever cause.
• The Licensee shall indemnify Braintree District or Essex County Council as Highway Authority against all actions, proceedings, claims, demands and liability which may at any time be taken, made or incurred arising out of the grant of this permission and for this purpose must take out at the Licensee’s expense a policy of public liability insurance in the sum of at least five million pounds in respect of any one event.
• The Licensee shall not place furniture on the highway outside the permitted area of use.
• Permission to operate a Pavement Licence does not imply an exclusive right to the area of public highway. The licence holder must be aware that Braintree District Council and others (e.g. police, highways authority, statutory undertakers) will need access at various times (including emergencies) for maintenance, installation, special events, improvements etc or any other reasonable cause. This may mean that the pavement licence will need to cease operating and/or be removed for a period of time. On these occasions there would be no compensation for loss of business.
• The Licensee shall remove from the highway the barriers, posts, tables and chairs to permit work in or the use of the highway by Essex County Council, Police, Fire and Ambulance Services, any statutory undertaker or telecommunications code operator and shall make no claim against the Braintree District or Essex County Council for any loss of revenue.
• No furniture is to be placed or kept on the permitted area when the premises is not open or trading, nor placed on the highway other than in the layout shown on the approved plan.
• The permitted area shall be used solely for the purpose of consuming refreshments by persons seated at the tables provided within the permitted area.
• No charge shall be made by the Licensee for the use of the furniture.
• The authorised area shall be supervised by competent staff or the Licensee at all times during the exercise of this consent who shall take all reasonable steps to ensure compliance with these terms and conditions.
• Waste from the Licensee’s operations shall not be disposed of in the permanent litter bins situated on the highway for use by the general public provided by the Braintree District Council.
• Refuse and litter deposited on the highway in the vicinity of the chairs and tables must be collected and removed each day by the Licensee at the Licensee's expense at not less than hourly intervals, at close of business or at more frequent intervals as may be required by or under the Environmental Protection Act 1990 and the Licensee shall comply with all requirements of any public health legislation for the time being in force.
• The Licensee shall not permit or suffer the removal of any glassware used for the supply of the refreshment provided by the public from the permitted area.  Glasses supplied for the consumption of drinks on the permitted area shall be made of toughened glass or plastic only.
• The Licensee shall make good, to Essex County Council’s satisfaction, any damage caused to the highway caused by the exercise of this Licence and indemnify and keep indemnified Essex County Council from and against any claims, demands or proceedings in any way arising in regard thereto.
• Despite this consent, the authorised area shall always remain part of the public highway and users of the highway are still entitled to exercise their right of passage over them.
• The Licensee is responsible for ensuring that no statutory undertakers’ apparatus is affected by the exercise of this consent.
• Without prejudice to the ability of the Braintree District Council or Essex  County Council to remove the tables & chairs, barriers and posts by reason of Statute, common law, and/or for breach of any of the terms and conditions of this consent, this consent shall remain in force until 30th September 2022.
• There must be an area provided within the pavement licensable area where smoking is not permitted.
• No smoking signage is to be displayed in the designated smoke free zones in accordance with Smoke-free (signs) Regulations 2012. 
• No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.
• Provide 2 metres distance between non-smoking and non-smoking areas.
• To prevent the spread of Covid-19 licensees must follow the guidance titled “Working safely during coronavirus Restaurants, pubs, bars and takeaway services” issued by the Department for Business, Energy & Industrial Strategy and Department for Digital Culture, Media & Sport.
• The Licensee shall ensure that the surface of the permitted area is kept clean and ensure that any stains created in the course of their business activities are removed immediately.