Permission to operate a pavement café does not imply an exclusive right to the area of public highway. The licence holder must be aware that London Borough of Bromley 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 café will need to cease operating and/or be removed for a period. On these occasions there would be no compensation for loss of business.
The licence holder will have Public Liability Insurance which covers all times the Pavement Licence is operational. This must cover indemnity to London Borough of Bromley against all claims for injury, damage, or loss to users of the public highway, arising from the use of the highway for the permitted purpose. The minimum level of indemnity must be £5 million in respect of any one incident.
Tables and chairs must not be placed in position outside of permitted times. When the licence is not in use, all tables and chairs and other furniture must be stored securely inside premises away from the highway.
London Borough of Bromley is empowered to remove, store and/or dispose of furniture from the highway, at the cost of the licensee, if it is left out outside the permitted hours or should any conditions of the licence be ignored.
The licence holder is not to make or cause to be made any claim to London Borough of Bromley in the event of any property of the licence holder becoming lost or damaged in any way from whatever cause.
An unimpeded pedestrian route must always be maintained for people wishing to use the footway as per the National Licence Conditions.
The method of marking the boundary of the licensed area must be agreed between the licence holder and London Borough of Bromley Licensing team. Whatever method is agreed, a 1.5 metre clear walkway must be maintained for the use of pedestrians.
Emergency routes to the premises and adjacent buildings must not be obstructed by the Pavement License area, which should not, in normal circumstances, extend beyond the width of the premises frontage.
Tables and chairs should be of an approved type and should be kept in a good state of repair. Furniture must be placed so as not to obstruct driver sightlines, or road traffic signs. Placement of tables and chairs must allow pedestrians to use the footway parallel to the frontage of the premises. Care should be taken in the use of hanging baskets, awnings, protruding umbrellas etc. Alternative items may not be used without first seeking the written authority of the council.
All potential obstructions must be removed from the public highway when the premises are closed to prevent a safety hazard to pedestrians, particularly during the hours of darkness.
The licensee must ensure that the area operates in a safe and orderly manner, thereby ensuring that any safety risk or nuisance to customers, other users of the public highway or any adjacent land or premises, is minimised.
The operation of the area must not interfere with highway drainagearrangements.
During the hours of darkness suitable and sufficient lighting must be provided to ensure safe use of the area. Any proposals to provide additional lighting to the licensed areas must be agreed with the Highway Authority.
All detritus (food and drink remnants, spillages, bottles, cans, wrappers etc.) must be regularly removed from the footway surface to reduce hazards to pedestrians. The licence holder must arrange to regularly check for and remove litter and rubbish on pedestrian walkways, caused by persons using their facility, for up to 10 metres from the boundary of the facility. The licence holder must ensure that any tables are cleared in an efficient manner during the hours of operation. The licence holder must ensure the licensed area and surrounding highway is washed down at the completion of each day's usage using a method sufficient to remove food debris, grease and other spillages that may occur.
The licence holder is not permitted to make any fixtures, or excavations of any kind, to the surface of the highway without prior written approval. Any costs incurred as a result of damage to the highway, due to the positioning of tables and chairs etc, will be recovered in full, from the licence holder by LB Bromley or the relevant Highway Authority.
The operator of a premises not licensed under the Licensing Act 2003 or any modification or re-enactment thereof, must not allow the consumption of alcoholic liquor within the area covered by the Pavement Licence.
The alcohol licence obtained under the Licensing Act 2003 for the main premises extends to the area covered by the Pavement Licence. The Licensee of premises licensed under the Licensing Act 2003, or any modification or re-enactment thereof, must not allow the consumption of alcoholic liquor within the facility outside the hours in force for the premises itself.
The licence must be displayed on the premises with a plan of the agreed layout of the licensed pavement area.
The licensee is responsible for ensuring that the conditions of the licence, and those of any other necessary permissions and regulations, are adhered to, including in the area covered by the Pavement Licence. The Licence holder is to use the highway solely for the purpose of the licence in line with the provisions of this licence and for no other purpose whatsoever.
The licence holder must remove any tables, chairs, and other furniture, immediately at the end of the licence period and on revocation of the licence.
LB Bromley reserves the right to revoke this licence at any time if any of the above conditions are not fulfilled and maintained.
The Premises Licence Holder or nominated person shall erect suitable and sufficient conspicuous signage on the exterior of the premises advising patrons of the need not to cause excessive noise due to the proximity of residential dwellings.
The Premises Licence Holder or nominated person shall control levels of noise and light in the outside area and advise customers of the need to respect local residents.
No speakers for the amplification of music shall be placed on the outside of any building forming a part of the premises (including land), other than for events where the prior written approval of the Licencing Authority, upon consultation with Environmental Health, has been obtained in accordance with the appropriate application process.
