highways acts - Bedford Borough Council

highways acts - Bedford Borough Council
HIGHWAYS ACTS
GUIDANCE NOTES FOR APPLICANTS FOR STREET CAFÉ / HIGHWAY TABLES
AND CHAIRS AUTHORISATION IN BEDFORD TOWN CENTRE
1)
2)
An application for an "authorisation" must be made on the Council's application form and
submitted to the Head of Democratic & Registration Services, Bedford Borough Council, 3rd
Floor Borough Hall, Cauldwell Street, Bedford MK42 9AP. A separate form must be
completed for each street café etc.
The application form must be accompanied by either the non-refundable deposit or the
full fee payable. As from 1 April 2013, a fee of £313.50 is payable for authorisation to
place tables and chairs on the highway (this fee includes the non-refundable deposit of
£124.00).
3)
Applications must be accompanied by two passport type photographs of the applicant
and two photographs of any tables, chairs and other structures which the applicant
wishes to utilise.
4)
Any tables, chairs and other structures to be utilized in connection with the proposed
authorisation will be inspected by an Officer of the Council's Environmental Health and
Trading Standards Service.
5)
All applications will be considered individually on their merits.
6)
Where a street café / highways tables and chairs authorisation is granted the Council will
normally impose the conditions attached (and may impose others).
7)
To process an application for this type of authorisation usually requires 28 days and,
consequently, applicants are advised to submit their applications at least 28 days prior to
the date from which they wish for their application be considered by the General
Licensing Sub Committee. Meetings of the General Licensing Sub Committee to which
applications will be referred are scheduled regularly and for details of these, contact the
Licensing Team.
8)
The Applicant's attention is drawn to the need to give accurate replies to each question on
the form. Failure to do so may prejudice the application and will inevitably delay its
processing whilst the proper replies are sought. The Applicant's attention is particularly
drawn to questions 3 and 4 on the form, the answers to which must give the details
requested; failure to do so will prevent consideration of the application. If an
authorisation is granted to a person and it subsequently comes to light that the
information in the application was false in any part, this may be immediately
suspended or revoked.
9)
Further information, and application forms may be obtained from the Licensing
Team,Democratic & Registration Services, Bedford Borough Council, 3rd Floor Borough
Hall, Cauldwell Street, Bedford. MK42 9AP
Further guidance is, however, attached to this document which
identifies key considerations concerning visual impact, storage of furniture and
barriers, the layout, management and advertising
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10)
Data Protection - Personal information provided in an application form and during the
period of any subsequent Licence is normally held for a period of two years from the
expiry of the last consecutive Licence held. It will be used primarily for the purpose of the
licensing function concerned although it may also be used for data matching purposes
across various licensing functions. Certain personal data will be available on the licensing
pages of the Council's internet.
Personal information held for licensing purposes will be held and used in accordance
with the requirements of the Data Protection Act 1998. To assist the Council in the
prevention and detection of fraud so that it can protect the public funds it administers the
Council may use information provided for licensing purposes within this Authority for data
matching purposes. It may also data match information provided for licensing purposes
with other public bodies that regulate, administer or are in receipt of public funds for the
purposes of the prevention and detection of fraud.
11)
Freedom of Information - Information held by the Council may need to be disclosed in
response to a request for it within the terms of the Freedom of the Information Act 2005.
This information excludes that which is in any other way already in the public domain.
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FURTHER GUIDANCE TO THOSE APPLYING FOR STREET CAFÉ AUTHORISATIONS
1. THE VISUAL IMPACT
The positioning of tables and chairs outside your premises should relate to the existing streetscene and movement of pedestrians. Ideally it should be seen as an integral part of the main
café rather than an unrelated after-thought.
The tables & chairs shall not be placed in such a manner as to cause obstruction of the street or
danger to persons using the street.
Tables and chairs need to be selected to ensure :
•
•
•
•
the comfort of your customers
that they can be stored securely on the premises
that their visual impact is in keeping with the area
they are easy to clean, and are kept clean
Domestic patio-style furniture is unlikely to be of sufficient standard to compliment the
appearance of Town Centres or Conservation Areas where cast iron furniture may be specified.
There also needs to have regard to the surface on which the furniture will stand. An uneven
cobbled surface may require a more sturdy style of furniture than an even one.
Parasols may be needed
•
•
•
for hygiene
where tables are under trees
for shade for customers
Parasols made of wood and canvas are likely to be more acceptable than garden style umbrellas.
They must be firmly secured.
Barriers and Means of Enclosure will be required for any furniture sited outside your premises.
This is primarily to guide the visually impaired.
The barriers shall be rigid and designed to resist being blown over by the wind. They must be
able to resist pedestrian collision and give the pedestrian some measure of support. They shall
have :
• A hand rail at between 1.0m and 1.2metres above ground level, which should be smooth
and rigid to guide pedestrians.
• A tapping rail of minimum depth of 150mm with a lower edge no more than 150mm
between the base rail and the ground.
• The section between the upper and lower rails shall be enclosed with canvas or similar
material.
They also need to be in keeping with the visual appearance of the area. Designs for all items must
be agreed with the Council.
Ideal barriers :
•
•
•
Stable and sturdy, not flimsy; but light in weight (for ease of movement / storage as they
will be taken in and out each day)
Colour - a contrast to the café furniture
Close textured, fence like in appearance, with a tapping rail (i.e. a length of wood /
plastic positioned at the base of the barrier, designed to assist the visually impaired)
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Barrier designs to be avoided :
•
•
•
Post and Chain barriers - potentially hazardous to pedestrians, particularly the visually
impaired
Hoop top garden fencing - too flimsy and not very tall posing a serious trip-hazard
The use of a variety of small plant tubs - untidy and inadequate as a means of
enclosure or guide for the visually impaired
All items must be removed when the café is closed.
2. STORAGE OF FURNITURE AND BARRIERS
Pavement café furniture must not be stored on the highway when the premises are closed.
When premises are open, tables, chairs, parasols and barriers must be either fully set up ready
for use or stored within the premises. The latter is preferred when it is not intended or practical to
use these tables.
Tables, chairs, parasols and means of enclosure should be removed and securely stored inside the
premises. In order to facilitate this, none of the furniture or barriers can be permanently fixed to the
ground.
3. LAYOUTS
Where pavement cafés are to be located on a main pedestrian thoroughfare, tables and chairs
will be required to be enclosed in order to allow for easy pedestrian movement and to contain the
pavement café area. Spacing should allow for wheelchair and pram access, and adequate
emergency service and utility company and Highways Department access must be permitted at all
times.
The following guidelines need to be taken into account.
Café furniture directly fronting the shop front
Normally a corridor of 2m minimum width must be provided to the shop entrance -this should
remain unobstructed at all times.
A physical barrier will be needed either side of the area of tables and chairs to serve as a guide
to the visually impaired. A minimum of 2m width of footway must remain available to passing
pedestrians (taking into account telephone boxes, street lights etc.).
Café furniture sited away from the shop front
There should be no less than 2m width of unobstructed footway between the front of the
premises and the outer-most boundary of the street café.
The tables and chairs will need to be enclosed by physical barriers in order to act as a guide for the
visually impaired.
Café furniture and existing features
Where possible, advantage should be taken of the existing structures within the street scene,
e.g. planters and other landscaping features, when setting out your tables and chairs.
Requirements may vary from one café to another so applicants must agree details with the
Highways Department.
Please note: Any tables and chairs shall not encroach on to any adjoining frontages.
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4. MANAGEMENT AND OTHER ISSUES
The Licence holder will be responsible for keeping the area free from cigarette butts, litter, debris
glass etc. All trays, crockery and utensils, take-away packaging and any other litter must be
removed at regular and frequent intervals. All breakages must be cleared up immediately.
Regular checks must be made for broken glass etc.
In the normal course of trading, the licence holder shall not use any form of artificial lighting,
electrical generator or gas cylinders / heaters on the public highway.
If the Council's property is damaged or defaced as a result of the street café, the named licence
holder shall be responsible for the cost of repairs which shall be carried out by the Council.
The Council shall be indemnified against all claims, injuries or accidents whatsoever and the
applicant shall provide evidence of insurance providing cover up to £5,000,000 for any one
incident.
If the licence holder or his / her employees are requested to move the tables and chairs by an
authorised Council Officer, officer from a utility company (water, gas company etc.), Police
Officer, and officer of Beds Fire & Rescue Service or Ambulance service officer, this request
shall be complied with immediately.
5. ADVERTISING
Where the café furniture is sited away from the shop frontage a discreet statement of "Café" or
the café's name e.g. "Café de Paris" in letters no more than 100 mm high may be permitted at
one or two locations on the barrier to clarify the intended purpose and owner.
No other advertising will normally be permitted on the furniture, parasols or barriers. Planning
permission and /or controlled advertisement consent may be required and there may be
additional fees for this.
The licence holder shall not place A-boards or other advertising signs on the public highway.
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