Street Cafe - Applying for a Licence

Street Cafe - Applying for a Licence
Licence Summary

The Highways Act 1980 Section 115 {as amended by the Local Government (Miscellaneous Provisions) Act 1982}, empowers the Council to issue licences for the "provision, maintaining and operation of facilities for refreshments on the highway" - i.e. street cafes.

 

Street cafes add to the colour and atmosphere of towns in the County Borough. The Council is keen to encourage that where they are set up they are of good quality and properly designed. The council will judge each application for a licence on its merits, taking into account factors including:

 

  • whether or not the location is in a pedestrianised area
  • the volume of both pedestrian and vehicular traffic at the location
  • the available pavement width
  • existing street furniture in the vicinity
  • the need to ensure unimpeded passage for pedestrians
  • access at all times for emergency services

A business must have Public Liability Insurance of at least £2 million, have due respect for the health and safety of the public and demonstrate good housekeeping.

 

For further information download a copy of the Street Cafe Licence Guidance.

Eligibility Criteria

The Council will issue licences for the placing of tables and chairs outside cafés, pubs and similar premises for the purpose of serving refreshments. The café scene will provide businesses an opportunity to expand in a cost effective way providing customers with more choice.

 

The licensing of stalls for street trading and of premises, which sell alcohol is covered by other legislation, which is separately administered by the Council’s Licensing Section. Therefore, premises which are licensed to sell alcohol and wishing also to provide tables and chairs on a pavement or pedestrianised area outside the premises will need to obtain an additional licence, as set out in this policy.

Fees

There is currently no charge for applying for a street café licence, however an annual charge of £10 per table and £10 per chair (benches are charged pro rata based on the number of seat spaces), is required to cover administration charges.

Application Evaluation Process

Torfaen County Borough Council will endeavour to process your application as quickly as possible. Due to the nature of this licence and third party interest we will aim to grant licences within 30 working days of the application being made. This however is subject to receiving all required documentation. Street café licences are valid for 12 months. If you wish to extend the licence after the initial 12 months period you must apply for a new licence.

Does Tacit Approval apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority within 28 days of submitting a fully completed application.

Apply online

If you wish to apply for a licence the application for a licence to provide chairs and tables on the highway form can be downloaded here.

Failed Application Redress

Please contact Torfaen County Borough Council in the first instance. 

 

Torfaen County Borough Council

Neighbourhood Services

Highway Network Section

Panteg Way

New Inn

Pontypool

NP4 0LS

 

Any applicant who is refused a licence can appeal to their local Magistrates' court.

Licence Holder Redress

Please contact Torfaen County Borough Council in the first instance.

 

Torfaen County Borough Council

Neighbourhood Services

Highway Network Section

Panteg Way

New Inn

Pontypool

NP4 0LS

 

Any licence holder who wishes to appeal against a condition attached to their licence can appeal to their local Magistrates' court.

Consumer Complaint

Torfaen County Borough Council would always advise that in the event of a complaint the first contact is made with relevant Department, by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice will give you advice. From outside the UK contact the UK European Consumer Centre.

Please Note - Torfaen County Borough Council (The Council) is under a duty to protect the public funds which it administers and to this end may use the information you provide within Torfaen County Borough Council for the prevention and detection of fraud. The Council may also share this information with other bodies administering or in receipt of public funds solely for these purposes. For further information, visit the National Fraud Initiative area of the website.

Last Modified: 05/12/2018
For more information contact:

Neighbourhood Services

Tel: 01495 762200

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