Licensing of Pavement Cafés Act (Northern Ireland) 2014

Requirement for pavement café licence

Meaning of “pavement café licence” and other key terms

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• (1) In this Act a “pavement café licence” means a licence authorising the licence holder to place on a public area (identified by the licence) temporary furniture for use for the consumption of food or drink supplied, in the course of a business carried on by the licence holder, in or from premises specified in the licence.

• (2) In this Act “a public area” means a place in the open air—

• (a) to which the public has access, without payment, as of right; and

• (b) which is not in a market area.

• (3) For the purposes of this Act, “furniture” means all or any of the following—

• (a) tables;

• (b) chairs;

• (c) umbrellas, barriers, heaters and other articles for facilitating the use, by persons consuming food or drink, of tables and chairs in a public area.

• (4) For the purposes of this Act, furniture placed on a public area by or on behalf of a person is “temporary” if that person can remove, or cause to be removed, all of it in 20 minutes.

• (5) In subsection (4) “remove” means remove to a place which is not a public area.

• (6) In this Act “supplied”, in relation to food or drink, means supplied to members of the public or of a section of the public.

• (7) In this Act references to placing a thing are to placing it personally or by an employee or agent.

Offence of placing furniture on public area without pavement café licence

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• (1) Subject to subsection (2), if at any time while a business involving the supply of food or drink in or from any premises to members of the public, or of a section of the public, is being carried on (“the time in question”)—

• (a) furniture for use for the consumption of food or drink supplied in or from the premises is placed on a public area in the course of the business, or

• (b) furniture for such use which has been placed on a public area in the course of the business remains on that public area,

each responsible person commits an offence.

• (2) Subsection (1) does not apply if the furniture is temporary and, at the time in question, the person carrying on the business holds a pavement café licence in respect of the premises.

• (3) For the purposes of subsection (1) each of the following is a “responsible person”—

• (a) the person carrying on the business; and

• (b) any other person concerned in the management of the premises who is responsible for the furniture being placed on, or (as the case may be) remaining on, the public area.

• (4) Where the business is carried on by more than one person—

• (a) the reference in subsection (2) to the person carrying on the business includes any of those persons; and

• (b) the reference in subsection (3)(a) to the person carrying on the business is to each of those persons.

• (5) Subsection (1)(b) applies whether the furniture was placed on the public area before or after the commencement of this section.

• (6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (7) It is a defence for a person charged with an offence under this section to prove that that person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Application for licence

Application for licence

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• (1) A person who carries on, or proposes to carry on, a relevant business may apply to the relevant district council for a pavement café licence in respect of premises specified in the application.

• (2) The premises specified must be premises in or from which food or drink is, or will be, supplied in the course of the business.

• (3) Only one set of premises may be specified in the application, but this does not prevent a person from making two or more separate applications in respect of different sets of premises.

• (4) The application must include a plan which—

• (a) shows the location and dimensions of the public area (or each of the public areas) on which the applicant wishes to place temporary furniture for use for the consumption of food or drink supplied in or from the specified premises; and

• (b) meets such other requirements as the council may specify.

• (5) Any such area must be situated in the district of the relevant district council.

• (6) Sections 10 and 11 apply in relation to an application under this section.

• (7) In this section—

• “a relevant business” means a business involving the supply of food or drink to members of the public, or of a section of the public;

• “the relevant district council” means the council in whose district the premises specified in the application are situated.

Grant or refusal of licence

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• (1) A council must grant an application for a pavement café licence which is made to it in accordance with this Act unless it considers that it ought to refuse the application on one or more of the grounds set out in subsection (2).

• (2) The council may refuse the application on any of the following grounds—

• (a) that all or any part of the public area where the applicant wishes to place temporary furniture for use for the consumption of food or drink is unsuitable for that purpose;

• (b) that placing such furniture on, or on a particular part of, that area for use for the consumption of food or drink supplied in or from the premises specified in the application would be likely to result in undue interference or inconvenience to persons or vehicles in the vicinity, or in disorder;

• (c) that, in connection with the application, the applicant made a statement which the applicant knew to be false in a material respect or failed to comply with section 11;

• (d) that the applicant has at any time been granted a pavement café licence by the council which was revoked, or could have been revoked, for reasons within the applicant's control.

• (3) Where the applicant wishes to place temporary furniture for use for the consumption of food or drink on more than one public area—

• (a) subsection (2)(a) applies as if the reference to the public area were to any of the public areas; and

• (b) subsection (2)(b) applies as if the reference to that area were to those areas.

• (4) Before deciding an application for a pavement café licence, a council—

• (a) must consult the Department for Regional Development as regards that department's functions with respect to roads and the regulation of road traffic; and

• (b) if the premises to which the application relates are premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(a) of that Order, must (and in any other case may) consult the district commander for the police district in which the premises are situated.

• (5) The council may consult such other persons as it considers appropriate.

• (6) In deciding an application for a pavement café licence, the council must take into account any representations relating to the application which are made by any person to the council within the period allowed for representations (as defined by section 10(5)).

Form, duration etc. of licence

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• (1) A pavement café licence must be in the prescribed form and must—

• (a) specify the holder of the licence, the premises to which it relates, and such other matters as may be prescribed; and

• (b) include a plan showing the location and dimensions of the public area to which it relates.

• (2) In this Act, in relation to a pavement café licence, “the area covered by the licence” means the area shown under subsection (1) on the plan in the licence.

• (3) That area must be—

• (a) an area which was proposed under section 3(4) in the application for the licence; or

• (b) an area at least 75% of which falls within an area which was so proposed;

but this is subject to any power under the following provisions of this Act to vary the area covered by the licence.

• (4) If more than one public area was proposed in the application for the licence, the licence may relate to one public area or more than one, and if it relates to more than one—

• (a) the plan included in the licence under subsection (1) must show the location and dimensions of each of the public areas to which the licence relates;

• (b) references in this Act to “the area covered by the licence” are to any of the areas shown on the plan in the licence; and

• (c) subsection (3) applies in relation to any such area.

• (5) A pavement café licence shall (except where it is surrendered, revoked or suspended)—

• (a) remain valid for such period as is specified in the licence; or

• (b) if no period is specified in the licence, remain valid indefinitely.

• (6) Subsection (5)(a) is subject to section 7 (renewal of licence).

• (7) A licence holder may at any time surrender a pavement café licence to the council and the licence shall then cease to be valid.

Conditions of licence

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• (1) A pavement café licence must include a condition requiring temporary furniture not to be placed for use as mentioned in the licence on any public area other than the area covered by the licence.

• (2) A condition requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on the area covered by the licence—

• (a) must be included in a pavement café licence if the premises specified in that licence are premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(b) of that Order (off-licences); and

• (b) may be included in any other pavement café licence (whether or not the premises specified in that licence are licensed under the Licensing Order) if the council is satisfied that permitting persons to consume intoxicating liquor when using furniture on the area covered by the pavement café licence would be likely to result in disorder.

• (3) A council may specify in a pavement café licence such other conditions as it considers reasonable, and those conditions may in particular include conditions—

• (a) limiting the furniture which may be placed on the area covered by the licence by reference to the kind, amount, size or nature of the furniture;

• (b) limiting the days or times when the furniture may be on that area;

• (c) for securing that adequate arrangements are made for storing the furniture when not on that area;

• (d) regulating the arrangements for payment to the council of fees imposed under section 12;

• (e) for securing that such insurances and indemnities as may be specified in the licence are put in place;

• (f) requiring the council to be notified of such matters as may be specified in the licence;

• (g) requiring the surrender of any other pavement café licence in respect of the premises.

Renewal

Renewal of licence

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• (1) A person who holds a pavement café licence in respect of any premises may apply to the council in whose district the premises are situated for renewal of the licence.

• (2) Sections 10 and 11 apply in relation to an application under this section.

• (3) A council must grant an application for renewal of a pavement café licence which is made to it in accordance with this Act unless it considers that it ought to refuse the application on one or more of the grounds set out in section 4(2).

• (4) Before deciding an application for renewal of a pavement café licence the council may consult such persons as it considers appropriate.

• (5) In deciding an application for renewal of a pavement café licence, the council must take into account any representations relating to the application which are made by any person to the council within the period allowed for representations.

• (6) Sections 5 and 6 (form, duration and conditions of licence) apply to a pavement café licence as renewed as they apply to a pavement café licence as initially granted.

• (7) When renewing a pavement café licence, a council may vary the licence—

• (a) by varying the conditions (if any) specified in the licence under section 6(3);

• (b) by specifying new conditions under section 6(3);

• (c) by making a variation (within the meaning given by section 8(9)) of the area covered by the licence;

• (d) by exercising any power that the council has under section 17 to insert an alcohol condition in the licence;

• (e) subject to subsection (9), by removing an alcohol condition from the licence.

• (8) The licence may be varied under subsection (7)(a) to (c) whether or not an application has been made under section 8 and whether or not the council has power under any other provision of this Act to make the variation concerned.

• (9) The licence may be varied under subsection (7)(e) only if an application under section 9 has been made and the council has decided in accordance with that section to remove the alcohol condition.

• (10) In this section “alcohol condition” has the same meaning as in section 17.

Variation on application of licence holder

Variation of section 6(3) conditions or of area covered by licence

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• (1) A person who holds a pavement café licence in respect of any premises may apply to the council in whose district the premises are situated for—

• (a) a variation of the conditions, if any, specified in the licence under section 6(3); or

• (b) a variation of the area covered by the licence.

• (2) The application must specify the variation that the applicant wishes to be made.

• (3) Sections 10 and 11 apply in relation to an application under this section.

• (4) Where an application for a variation of conditions specified in a pavement café licence under section 6(3) is made to a council in accordance with this Act, the council may—

• (a) make the variation applied for;

• (b) make such other variation of the conditions as it thinks fit (including by specifying conditions under section 6(3) that were not specified in the application); or

• (c) refuse the application.

• (5) Where an application for a variation of the area covered by a pavement café licence is made to a council in accordance with this Act, the council must grant the application unless it considers that it ought to refuse the application on one or more of the grounds set out in section 4(2).

• (6) Before deciding an application under this section the council may consult such persons as it considers appropriate.

• (7) In deciding an application under this section, the council must take into account any representations relating to the application which are made by any person to the council within the period allowed for representations.

• (8) Any reference in this Act to the variation of conditions specified in a licence under section 6(3) includes the removal of any such conditions.

• (9) Any reference in this Act to a variation of the area covered by a pavement café licence is a reference to a variation of that area such that, after the variation, at least 75% of the area falls within the area as it was before the variation.

• (10) In section 4(2)(a) as it applies for the purposes of subsection (5) above, the reference to the public area where the applicant wishes to place temporary furniture for use for the consumption of food or drink is to be read as a reference to the part of that area which is not already covered by the licence.

Variation by removal of alcohol prohibition

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• (1) This section applies where—

• (a) a person holds a pavement café licence in respect of any premises;

• (b) the pavement café licence includes a condition (“an alcohol condition”) requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on the area covered by the licence; and

• (c) the premises specified in the pavement café licence are not premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(b) of that Order (off-licences).

• (2) The holder of the pavement café licence may apply to the council in whose district the premises are situated for the pavement café licence to be varied by the removal of the alcohol condition.

• (3) Sections 10 and 11 apply in relation to an application under this section.

• (4) Where an application under this section is made to a council in accordance with this Act, the council may—

• (a) remove the alcohol condition; or

• (b) if it is satisfied that permitting persons to consume intoxicating liquor when using furniture on the area covered by the licence would be likely to result in disorder, refuse the application.

• (5) Before deciding an application under this section the council—

• (a) must consult the district commander for the police district in which the premises are situated; and

• (b) may consult such other persons as it considers appropriate.

• (6) In deciding an application under this section, the council must take into account any representations relating to the application which are made by any person to the council within the period allowed for representations.

Applications: general provision

Applications: general provision

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• (1) In this section “an application” means an application for the grant or renewal of a pavement café licence or for the variation of a pavement café licence under section 8 or 9.

• (2) An application—

• (a) must be made in writing, and in such form and way and at such time as the council to which the application is made may specify; and

• (b) if the council so requires, must be accompanied by any fee (or such part as the council may determine of any fee) payable under section 12.

• (3) An application must—

• (a) confirm that the notice required by section 11 has been fixed as required by that section, and the date on which this was done; and