Form Ref: Lic 27/06

BUSINESS AND PLANNING ACT 2020

APPLICATION FOR THE GRANT OF A PAVEMENT LICENCE

Before completing this application please read any associated guidance that can be found on our website at

www.chelmsford.gov.uk. If you need to provide additional information please do so on a separate appendix to this

application and submit with all required documentation as requested

APPLICANT DETAILS

Title: First name(s): Surname:

Postal Address:

Post Town: Post Code:

Phone (Home): Phone (Mobile):

e-mail address:

Date of Birth: NI number:

BUSINESS PREMISES DETAILS

Trading Name:

Postal Address:

Purpose for which the business premises are used? (please tick one of the following options)

Use as a public house, wine bar or other drinking establishment

Other use for the sale of food or drink for consumption on or off the premises

Both of the above uses

AREA OF HIGHWAY PROPOSED TO BE USED

Please provide a description of the part of the highway to which this application relates:

(Please note you are required to submit a scale plan of this area together with your application)

RELEVANT PURPOSE THE APPLICATION RELATES TO:

Which of the following relevant purposes do you wish to put furniture on the highway for?

(please tick one of the following options)

To sell or serve food or drink supplied from, or in connection with relevant use of, the premises

For the purpose of consuming food or drink supplied from, or in connection with relevant use of, the premises

Both of the above purposes

DAYS AND TIMES

During what times do you propose to place furniture on the highway and on which of the following days:

Please use the 24hr clock.

Mondays to Fridays to

Tuesdays to Saturdays to

Wednesdays to Sundays to

Thursdays to

FURNITURE TO BE PLACED ON THE HIGHWAY

Please provide a description and the quantity of the furniture you propose to place on the highway and outline any

applicable and additional toilet provision.

(Please note you are required to provide photographs or brochures of the proposed furniture with your application. Continue

on a separate schedule if necessary)

Checklist:

I have paid the fee of £100

Rec. Ref

I have attached photographic evidence of the public notice

I have enclosed a plan showing the extent of the area and layout of furniture

Copy of public liability insurance.

I understand that if I do not provide information requested that my application will

be rejected.

I understand that there is no assumed right of permission unless not determined

within the required period. Where council refuse permission I understand that fees

will not be refunded.

DECLARATIONS BY APPLICANT

I understand that I am required to give notice of my application in accordance with the requirements of the Business and

Planning Act 2020 and that failing to do so will lead to the revocation of any licence granted.

I understand I must hold and maintain public liability insurance up to a value of £5million.

I understand my application will not be considered to be complete until all the required documents and information have been

provided and the application fee of £100 has been paid.

I understand that the application fee paid is non-refundable if my application is refused or if any licence granted is

subsequently surrendered or revoked.

I understand that the Authority is under a duty to protect the public funds it administers, and to this end may use the

information I have provided on this form for the prevention and detection of fraud. I understand that it may also share this

information with other bodies responsible for auditing or administering public funds for these purposes.

I declare that the information given above is true to the best of my knowledge and that I have not willfully omitted any

necessary material. I understand that if there are any willful omissions, or incorrect statements made, my application may be

refused without further consideration or, if a licence has been issued, it may be liable to revocation.

I understand that the Authority is collecting my data for the purposes described on this form and will not be used for any other

purpose, or passed on to any other body, except as required by law, without my consent.

Date Submitted:

(Date of application)

Signed:

Print Name:

Please return this form with all relevant documents and proof that the application fee has been paid to:

licens[email protected]

Guidance

For your guidance, below are our standard conditions that should be taken into account when making application. As our

‘published conditions’ these will be attached to every licence including any that might be ‘deemed granted’.

Standard Conditions

1. This permission is personal to the Licensee and not be capable of being transferred.

2. The Licensee shall make no fixtures to or excavations of any kind in the surface of the highway which shall be left entirely

undisturbed.

3. The Licensee shall make no claim or charge against either Chelmsford City Council (The Council) or Essex County

Council in the event of the furniture or other objects being lost, stolen or damaged in any way from whatever cause.

4. The Licensee shall indemnify both the Council and the 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 approved

by the Council in the sum of at least five million pounds in respect of any one event and must produce to the Council on

request the current receipts of premium payments and confirmation of the annual renewals of the policy.

5. The authorised area shall be used solely for the purpose of consuming food or drink and only by persons seated at the

tables and chairs provided within the authorised area.

6. No charge shall be made by the Licensee for the use of the tables and chairs.

7. 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 Council.

8. 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.

9. The Licensee shall remove from the highway the barriers, posts, tables and chairs to permit works in or the use of the

highway by the Council, the County Council, the police, fire and ambulance services, any statutory undertaker or

telecommunications code operator and shall make no claim against the Council or County Council for any loss of revenue

or for refund or permission fee as a result thereof. When such temporary removal is required to enable authorised special

events to take place, the Council will provide reasonable prior notice of such events.

10. No alcohol shall be consumed on the permitted area unless a licence authorising the sale of alcohol has been issued by

the Council.

11. The Licensee shall be responsible for any rates, taxes and other outgoings which may be charged arising from the

exercise of this licence.

12. The Licensee shall at its own expense obtain any necessary statutory consents and approvals required in connection

with the exercise of a refreshment facility on the highway and comply with the provisions of all such consents and

approvals and all statutes and other obligations imposed by law with regards to the provision, maintenance and operation

of the refreshment facility.

13. The Licensee shall at the written request of the Council’s Director of Public Places remove from and shall not replace any

furniture on the permitted area which is not maintained to a standard satisfactory to the said Director.

14. No regulated entertainment shall be permitted within the licensed area unless authorised.

15. The Licensee shall keep the furniture clean and tidy and the tables cleared regularly.

16. No furniture is to be placed or kept on the permitted area when [premises] is not open or trading.

17. The furniture is to be used only by customers of [premises], Chelmsford for the consumption of food and drink supplied

from within those premises.

18. The Licensee shall not cause or permit any nuisance or annoyance to users of the highway.

19. The Licensee shall not place furniture on the highway outside the authorised area of use.

20. 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 authorised area.

21. Glasses supplied for the consumption of drinks on the authorised area shall be made of toughened glass or plastic only.

22. All barriers erected to enclose the area will be of high visibility and with a low tapping rail for the visually impaired.

23. The authorised area shall be supervised by competent staff of 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.

24. Any heaters used in the permitted area must conform to BS EN 60529:1992 (electric heaters) and BS EN 14543:2005

(gas heaters). The Licensee shall restrict access to the controls/ pipe cylinders on the heaters to authorized employees

of the premises only.

25. This permission may be suspended or revoked:

(a) by either party giving to the other not less than one months notice in writing to expire at any time or

(b) in the event of the Licensee failing to comply with any of the above conditions the Council may revoke the licence by

giving 24 hours notice in writing to the Licensee and in this event all consideration money previously paid shall be without

prejudice to any right or action which the Council may have for breach of terms of this permission damages or otherwise.

26. Any notice to be served in connection with this permission will be sent by email to the email address of the licence holder

provided within the application and shall be deemed to be served upon the Council if sent via email to

licens[email protected] or addressed to Director of Public Places c/o The Licensing Team, Civic Centre, Duke

Street, Chelmsford CM1 1JE.

27. The Licensee shall remove all furniture from the authorised area when the premises are closed for trading. For further

clarification, no furniture is to be placed or kept on the authorised area when the premises are not open or trading, nor

placed on the highway other than in the layout shown on the approved plan.

28. This consent is a consent issued under s.3 (3)(a) of Part1 Business and Planning Act 2020

29. No form of decking/flooring will be permitted under any circumstances.

30. Customer toilet and associated hand-washing facilities is to be provided in accordance with the Council’s Guidance on

Toilet Provision.

31. A copy of page 1 of this licence shall be placed in a prominent position adjacent to the area in respect of which this

permission has been granted so as it can be clearly seen by authorised officials without need to enter the premises.

The Licensee’s attention is drawn to The Chelmsford City Council Public Spaces Protection Order (Chelmsford City Centre and

Surrounding Area) 2019 made in accordance with the Anti-social Behaviour, Crime and Policing Act 2014

Mandatory Conditions (National)

The Secretary of State publishes this condition in exercise of his powers under [clause 5(6)] of the Business and Planning Act

2020:

Condition relating to clear routes of access:

It is a condition that clear routes of access along the highway must be maintained, taking into account the needs of disabled

people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually

impaired people as set out in Section 3.1 of Inclusive Mobility.

Guidance on the effect of this condition

1. To the extent that conditions imposed or deemed to be imposed on a pavement licence do not require the licence holder to

require clear routes of access to be maintained, taking into account the needs of disabled people and the recommended

minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in

Section 3.1 of Inclusive Mobility, the licence is granted subject to those requirements.

2. To the extent that a licence is granted subject to a condition which imposes requirements to maintain clear routes of access

that are inconsistent with the requirements set out in this condition this condition is not imposed on the licence.

Part 1 Business and Planning Act 2020

1. If it appears to a local authority that a person to whom they have granted or deemed to be granted permission

under Section s.3 (3)(a) of Part1 Business and Planning Act 2020 has committed any breach of any condition of the

licence they may revoke the licence, or serve a notice requiring them to take such steps to remedy the breach as

are specified in the notice within such time as it is so specified.

2. If a person on whom a notice is served under subsection 6(1)(b) above fails to comply with the notice, the council may

revoke the licence or take the steps themselves and in doing so may recover any costs from the licence holder.

3. A local authority may also revoke a pavement licence if it considers that (a) some or all of the part of the relevant highway

has become unsuitable for any purpose in relation to which the licence was granted and (b) as a result there is a risk to

public safety, anti-social behaviour or public nuisance is being caused or the highway is being obstructed (other than that

permitted in pursuant of the licence) or (c) it is later found that the applicant was misleading or gave false information in

their application or (d) the licence holder failed to comply with the duty in s. 2(5) in respect of failure to properly display

the public notice.

Effect

1. The effect of granting this licence negates the need to apply for any planning permission or street trading consent, in

connection with only the purposes for which this licence has been issued.