Street Pavement Cafe Policy, Information and Guidelines

Street Pavement Cafe Policy, Information and Guidelines
Permission to use the highway for pavement cafes
(S115e Highways Act 1980)
Policy, Information Pack and
Guidelines
General Enquiries:
Licensing Team, Reading Borough Council, Bridge Street, reading RG1 2LU
Email: licensing@reading.gov.uk
Please keep this booklet for your reference
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Contents
1. Introduction: Pavement Cafés ...................................................... 3
Information and Guidance: .......................................................... 3
Who to Contact ........................................................................ 4
2. Policy ................................................................................... 4
3. General Considerations .............................................................. 5
Size and Layout ........................................................................ 5
Means of Enclosure .................................................................... 6
Furniture ................................................................................ 6
Environmental and Other Requirements ........................................... 7
Pre Application Procedure ........................................................... 7
4. Applying for a Highways Act permission ........................................... 8
Timescales for dealing with applications .......................................... 8
Refusal of Applications/Variations. ................................................. 9
5.Terms and Conditions of Highways Act permission ............................... 9
6. Data Protection Act:................................................................. 10
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1. Introduction: Pavement Cafés
1.1 On pedestrianised areas/footways and weather permitting, the
addition of good quality pavement cafés contributes to a relaxed and
sociable style of eating and drinking indicative of any continental city or town.
1.2 Permission is required for a pavement café on public highway. This is to
ensure that it is properly set up and operated so that it benefits the business,
enhances the town centre and district centres and does not cause a problem
for other users of the highway.
1.3 Permission is granted by the Council under Section 115E of the
Highways Act 1980, on an annual basis.
The purpose of this guide is twofold:


To highlight the requirements and standards expected for the
siting of facilities for pavement café operations in the town.
To guide those wishing to establish and/or operate pavement
cafes through the application process
1.4 In addition to the requirement for permission under the Highways Act,
any proposal for a pavement café may also require planning permission for a
change of use of land, and for operational development where a permanent
structure is proposed.
If you require any clarification on whether planning permission is required for
your proposal please seek guidance from the planning department who can be
contacted on 0118 937 3787.
You should also be aware that the issuing of a Highways Act permission does
not prejudice the Local Planning Authority’s right to undertake planning
enforcement action against unauthorised pavement cafes where there is a
breach of planning control and it is considered expedient to take action.
1.5 The application process for Highways Act permission involves both
legal and administrative procedures, hence the need to follow the guidance in
this brochure and on the application forms which need to be completed by all
applicants.
1.6 There is a minimum 28 day consultation period before a permission
can be granted, subject to no objections being received. Please allow this
period before making further enquiries.
Information and Guidance:
1.7 The following information is intended to assist applicants in considering
whether the proposed use of the highway for a pavement café is likely to be
acceptable.
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Please consider the criteria below – details for each follow overleaf:




Size and layout.
Means of enclosure.
Furniture type.
Environmental and Other Requirements.
Please note that applications which do not meet the Policy criteria are likely
to be refused unless the applicant can clearly demonstrate that there
are particular circumstances which might support an exception being made.
Who to Contact
1.8 For general advice and information on fees and charges please call
0118 937 3762.
2. Policy
2.1 Permission will be granted for use of the highway for a pavement café only
where it is ancillary to premises immediately adjacent to the area of
highway concerned.
2.2 There must be a minimum clear footway width in accordance with
Appendix 1 as detailed on page 14.
2.3 The pavement café must not interfere with vision lines for traffic
and/or pedestrians.
2.4 The applicant must hold public liability insurance of not less than
£10,000,000; evidence of this will be required before a Permission is granted.
2.5 The area must be clearly defined and used solely for the purpose of
consumption of refreshments.
2.6 All food, drink, crockery, glasses and cutlery etc. left on tables must be
cleared as soon as possible after customers have left to avoid any litter on the
highway.
2.7 All items of furniture associated with any pavement café, including
parasols, must be securely fastened to ensure that they are not liable to be
moved by external forces, such as the effects of wind or from being lightly
knocked.
2.8 All furniture must be of a type which will not cause damage to the
highway surface.
2.9 The Council reserves the right to remove from the highway any items for
which permission has not been granted. Where such items are considered
by the Council to be dangerous they will be removed without notice.
2.10 Any table and chairs which are removed from the highway by the Council
will be stored at the Council’s depot. Removed items will be held by the
Council for a limited period and will be returned to the owner only after
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payment of the expenses incurred by the Council in removing them. Any items
not reclaimed will be disposed of after a reasonable period.
3. General Considerations
Size and Layout
3.1 The following factors are some of those that should be taken into account:







Available Space
Type of Premises
Street Width
Street Character
Number of passers by
Existing Street Furniture e.g. bins, benches, planters etc.
Proximity to residential properties
3.2 If an area is pedestrianised, there is potentially more scope to site a
pavement café and each application for such areas will be considered on its
individual merits.
3.3 If the proposed location is adjacent to a vehicle carriageway then
there are inevitably more limitations applicable, namely:



People walking past the premises must have sufficient clear
footway width between the edge of the carriageway and the
boundary of the café or between the premises frontage and the
pavement café. This is to ensure pedestrians, particularly the
visually impaired, are not obstructed. Clear footway width must
be in accordance with the requirements detailed in Appendix
1, and is measured between the boundary of the café and the
edge of the footway or any adjacent street furniture (e.g.
street light, pole, bollard) whichever is the lesser.
Reading Borough Council reserves the right to vary the terms of
the permission for the pavement café or require its relocation on
renewal of the permission if pedestrian or vehicle flows have
changed.
Reading Borough Council may withdraw permission for a
pavement café or require its relocation on any given
day if unusual circumstances make this necessary, although
every endeavour will be made to give notice. Applicants should
also note that utility providers may need access to any area
under the New Roads and Street Works Act.
3.4 The layout of furniture and means of enclosure will only be approved if
adequate provision has been made for customers with disabilities. Emergency
vehicle access will also need to be maintained at all times.
3.5 Prior consent of the owners/occupiers of premises in the near vicinity will
be required and the application is therefore subject to a standard consultation
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process.
It will normally be necessary to arrange a site meeting to determine the exact
layout of the Street Furniture and assist applicants in developing a site plan.
Applicants will be contacted on receipt of the application to arrange the site
meeting, but should contact the Transport Development Control Team on 0118
937 2612 if any assistance or guidance is required at an earlier stage.
Means of Enclosure
3.6 When in use the pavement café area will normally need to be at least
partially enclosed, to demarcate the permitted area and to contain the
tables and chairs, thus making it distinguishable to other pavement
users, and particularly to assist blind and visually impaired pedestrians.
3.7 The means of enclosure must be removed outside the permitted
period or when it is not intended to operate the pavement café within
the permitted period. The materials should therefore be relatively lightweight
in construction and portable, but stable enough to prevent collapse if
accidentally walked/stumbled into.
3.8 The design of the barrier should complement the character of the
surrounding area and in any event ideally have solid bars/elements at around
100mm and 1000mm above ground level. Rope barriers are not usually
considered suitable.
3.9 Planters can be particularly attractive and can be used as part of the
means of enclosure, but must be removed from the highway outside of the
permitted period.
3.10 Proposed means of permanent enclosure may need planning permission,
in addition to other approvals; please seek guidance from the planning
department who can be contacted on0118 937 3787. Highways Act permission
for permanent structures will not be issued until planning permission has been
obtained, if required.
Furniture
3.11 The furniture should be of a high quality and uniform style within the
permitted area and to the satisfaction of the Council. Plastic patio type
furniture will not be permitted. Details of furniture should be submitted
to the Highway Authority with every application.
3.12 Where umbrellas are used these must be fabric type (i.e. nonreflective) and display only limited pre approved advertising/logos. Umbrellas
are to be positioned so as to avoid overhanging outside the enclosure or
impairing vehicle sight lines.
3.13 Non furniture items, e.g. menu boards, signs and portable gas heaters
also need to be approved as part of the enclosed permitted area, and any
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unacceptable clutter or intrusion into sight lines will need to be removed if it
is deemed to be causing a problem or creating a hazard.
3.14 It is the responsibility of the operator of the cafe to ensure:



that all chairs and tables are in good repair and are stable.
that any parasols and umbrellas are weighted to prevent them
being dislodged by the wind.
all equipment is stable and positioned to the satisfaction of
the Council.
Environmental and Other Requirements
3.15 In certain areas of the town centre and district centres the quality of air
from traffic fumes makes it inappropriate to site pavement café
operations. Applicants should consider proximity to bus stops and taxi ranks
from the customer’s point of view and avoid locating near to known
traffic congestion hotspots.
3.16 It will be the responsibility of the pavement café operator to keep
the area clean and free of litter, during permitted/operational hours. Tables
must be cleaned as soon as possible after customers have left to avoid any
litter on the highway.
3.17 The holder of the permission must as soon as possible wash down or
remove any stains from spills of food or liquid.
3.18 All food premises are to be registered with Reading Borough Council,
Environmental Health and Trading Standards. All pavement café operations
must comply with the relevant food safety requirements. (see useful contacts
page 14).
3.19 Additional/adequate toilet provision relating to occupancy numbers
may also need to be borne in mind.
3.20 Table service should be available if required and the use of unbreakable
glasses and crockery is recommended where appropriate.
3.21 The Highways Act Permission will normally operate between the
hours of 8.00 am to 10.30 pm. Times of use will vary from permission to
permission depending on individual circumstances and location. Each case will
be judged on its merits.
Pre Application Procedure
3.22All applicants should in the first instance refer to these Guidelines
and the Pre-Application self assessment checklist prior to making any
enquiries or a formal application.
3.23 It should be noted that, although applications are processed by the
Council’s Licensing Section, no Highways Act permission can be
granted without the Highway Authority’s consent. In view of this and in order
to avoid loss of application fees, any fees associated with engaging a
licensing solicitor and associated time and effort, prospective applicants
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are requested to informally consult the Highway Authority prior to a
formal application being made, in order to seek an opinion. You can do this by
contacting the Highways Development Control Team on 0118 937 2612.
4. Applying for a Highways Act permission
4.1 Should you have any queries concerning the application process,
please contact the Licensing Section on telephone number 0118 937 3762
or e mail Licensing@reading.gov.uk.
4.2 Applicants are advised to consider the guidelines in this document
before making an application.
4.3 Your application will be considered by Officers from Highways, Licensing,
Planning, Trading Standards and Environmental Health.
4.4 The local ward councillors will also be consulted and also some
external bodies such as the police, fire brigade, etc. may be asked to give
their views on the application. Shops and residential properties in close
proximity to the proposed pavement café will also form part of the
consultation process, as well as the Reading UK CIC’s BID Committee.
4.5 Prior to granting the permission, there are two legal consultative
requirements set out in the Highways Act 1980.
4.6 The consent of interested frontagers (owners and occupiers of
premises adjoining the relevant part of the highway) must be
obtained.
4.7 The Council is required to place a public notice on or near the
premises for a period of 28 days.
4.8 A permission may not be granted until all representations have been
considered.
4.9 You will be notified of the fee if your application is approved as this is
dependent on the number of tables and chairs involved.
Timescales for dealing with applications
4.10 Please note that tacit authorisation under the Provision of Services
Regulations 2009 does not apply to applications under Section 115E of the
Highways Act 1980. Timescales for dealing with applications are detailed
below.
4.11 Applications received will be reviewed and applicants will be
informed of the Council’s decision within 40 working days provided all
documentation is received and subject to no objections being
received (there is a 28 day consultation period within the above timescales).
4.12 Where an application is incomplete the applicant will be informed of this
within 5 working days.
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Refusal of Applications/Variations.
4.13 There is no statutory right of appeal against the decision of the
Council to refuse a Highways Act permission, or against the conditions imposed
on a permission. Notwithstanding this, Reading Borough Council does offer an
informal review process (cost of £150 payable by the applicant regardless of
outcome), for persons aggrieved by any refusal to grant a new Permission (or
renew/vary any existing Permission) or by the conditions imposed on a
Permission. Reviews will be carried out by the Discretionary Parking Permits
and Highways Permissions Panel. An applicant whose application has been
refused because it does not comply with the criteria in this Policy will be
expected to demonstrate why there should be an exception to the Policy in
his/her particular case.
4.14 Please contact Transport Development Control should you require
further details regarding this on 0118 937 2612.
5.Terms and Conditions of Highways Act permission
5.1 In making an application for permission, you are deemed to have read
and accepted the following standard Conditions. Additional conditions may
be imposed where appropriate.
5.2 No changes may be made to any part of the pavement café
operations, including change or addition of furniture or other items, or
changes to the permitted area or operating times, without obtaining
a new or revised Permission. The Permission Holder must contact the
Council if any changes are proposed.
5.3 No alcohol may be sold or consumed within the designated pavement café
area unless the premises are already licensed to do so.
5.4 No items may be left on the highway outside the hours specified in the
Permission, unless the Permission expressly allows use of the highway outside
the specified hours.
5.5 The permission is subject to the payment of the fee required by the
Council; it will cease to have effect if payment is dishonoured.
5.6 The Permission Holder must hold Public Liability Insurance cover to at
least £10m for the permitted area and such cover must be maintained
throughout the duration of the Permission.
5.7 The Permission Holder may not provide any refreshments other than food
and drink normally served within the Permission Holder’s premises.
5.8 Tables and chairs must be sited so that they are clearly visible from inside
the premises. Permission Holders must ensure that, during the period of use
and at the conclusion of any period of use, the area of the highway that is
the subject of this Permission is kept clean and tidy and free from
litter. A suitable waste/litter bin must be provided.
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5.9 No omission from, addition to, or variation of the Permission will be valid
unless it is agreed in writing and signed by an authorised officer of the
Council.
5.10 The Permission Holder is required to ensure that any equipment used for
the purposes of providing these facilities is safe and presents no risk to
members of the public and in particular that:

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


all chairs are in good repair and are stable.
any parasols and umbrellas are adequately weighted to prevent
them being dislodged by the wind.
the area to be used is protected and separated from the rest of
the highway in such a way that a blind or partially sighted person
runs no risk of injury from their use.
all furniture used must be of a type which will not cause damage
to the highway surface.
no amplified music shall be played in relation to any pavement
café.
under no circumstances should any pavement café interfere
with required vision lines for traffic and pedestrians.
5.11 The Permission Holder shall indemnify the Council against any claim in
respect of injury, damage or loss arising out of the grant of the
Permission except where any such injury, damage or loss is
attributable to the negligence of the Council.
5.12 The Permission Holder shall ensure that a clear pedestrian route is
retained for those walking past the premises. Emergency exits from
adjacent buildings must not be obstructed by any seating area.
5.13 The Permission Holder will be required to reimburse the Council for the
costs of repairs where any damage to Council property or to the public
highway is caused as a result of street furniture placed on the highway, .
6. Data Protection Act:
6.1The information on the application form is required to process your
application and to administer this service. It contains personal data
about you (name, address and telephone number). As the data controller of
that information, Reading Borough Council will process that personal data in
accordance with the provisions of the Data Protection Act 1998.
6.2 This information will be shared with the following departments within
Reading Borough Council to assess your application - Highways, Licensing,
Planning, Audit, Trading Standards and Environmental Health.
6.3 The information will be securely stored electronically and in paper form
for the duration of the permission (normally 3 years).
6.4 Where necessary we may share information provided to us with other
bodies responsible for auditing or administering public funds, or in order to
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prevent and detect fraud.
6.5 If you have any concerns as to the use of your personal data please
contact the Council’s Data Controller, Head of Legal and Democratic Services,
Reading Borough Council, Civic Offices, Bridge Street Reading, Reading RG1
2LU.
6.6 If you wish to obtain access to the information that we hold about
you, please complete our Subject Access Request form (available from
our website.
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7. FEES AND CHARGES
7.1
There is an annual fee for a permission, the amount of which is
reviewed annually by the Council.
7.2
The current fees (2014) are outlined below:
Pavement Café
Annual Permission fee - £249.00
Plus payment per table - £65.00
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8. Useful Contacts
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Appendix 1
Sensitive Town Centre
Clear Pedestrian
Emergency Vehicle /
Streets / Roads
Passageway Required*
Delivery Route
St Marys Butts
West Street
Friar Street
Station Road
Blagrave Street
Market Place
Broad Street
Queen Victoria Street
Cross Street
Butter Market
All other Streets /
3 0 metres
3 5 metres
3 5 metres
3 5 metres
3 0 metres
3 5 metres
3 5 metres
2 0 metres
N/A
N/A
2.0 metres
N/A
N/A
N/A
N/A
N/A
N/A
4 0 metres
4 0 metres
4 0 metres
4 0 metres
N/A
Roads within the
* Clear footway width is measured between the boundary of the pavement café
or trade display and the edge of the footway or any adjacent street
furniture (e.g. street light, pole, bollard) whichever is the lesser.
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PRE APPLICATION SELF ASSESSMENT CHECKLIST
Before applying for a permission you must satisfy all the following criteria
by answering YES to questions 1, 3, 4, 5, 6, 7 and NO to question 2.
Pavement Cafés
Q1.Will there be a minimum clear footway width in accordance with Appendix
1 of the Guidance Note?
Q2. Will the pavement café interfere with vision lines for traffic
and/or pedestrians?
Q3. Do you hold public liability insurance of not less than £10,000,000?
Q4. Will the area be clearly defined and used solely for the purpose of
consumption of refreshments?
Q5. Will tables be cleared of food, drink, crockery, glasses and cutlery etc. as
soon as possible after customers have left, to avoid any litter on the highway?
Q6. Will all furniture associated with any pavement café, including
parasols, be securely fastened to ensure that they are not liable to be
moved by external forces, such as the effects of wind or from being lightly
knocked?
Q7. Will all furniture be of a type as not to cause damage to the highway
surface?
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STREET PAVEMENT CAFÉ (S.115E Highways Act 1980)
DO NOT COMPLETE THIS FORM PRIOR TO CONTACTING THE HIGHWAYS DEVELOPMENT
CONTROL SECTION FOR AN OPINION AS TO THE LIKELIHOOD OF A PERMISSION BEING
GRANTED
1.
Address and type of premises
..................................................................................
.............................................................................................................
............ Telephone
..........................................................................................................
2.
Name and address of applicant
................................................................................
.............................................................................................................
............
3.
Number of tables/chairs applied for
..........................................................................
4.
Available width of footway
......................................................................................
5.
Class of planning permission applicable to premises
.......................................................
6.
Number of staff available to supervise pavement area
....................................................
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7.
I/we agree to conform to the conditions applicable to the grant of a street
pavement café permission
8.
I/we understand that breach of or non-compliance with these conditions may lead
to revocation of this permission.
9.
I/we undertake to pay the fee required as a condition of the grant of permission.
10.
I enclose a copy of the Public Liability Insurance in the sum of £10 million.
11.
Sketch plan of site attached overleaf.
12.
Please indicate the required days and hours of expected use
............................................ I undertake to comply with any conditions imposed
by the Council on any Permission
granted on this application
.......................................................................................
Signed: ...................................................... Date:
.......................................................
Please note that tacit authorisation under the Provision of Services Regulations
2009 does not apply to applications under Section 115E of the Highways Act 1980.
Timescales for dealing with applications are detailed on page 9 of the Guidelines.
Please note that applications which do not meet the Policy criteria are likely to be
refused unless the applicant can clearly demonstrate that there are particular
circumstances which might support an exception being made.
Your attention is drawn to the fact that this information is required by the Council to
enable us to provide you with one or more of the Council’s services. However, the
information may be used for other purposes and may be given to other organisations,
although, in either case, this will only be done in accordance with the provisions of the
Data Protection Act 1998.
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