Licences and permissions Terms and conditions of a pavement licence

Other conditions

1. The Licence shall be effective between [specify days and times].
2. The Licensee indemnifies the Council of the City of Manchester against any expense, liability, loss, claim or proceedings for accident, injury, loss or damage, which may occur due to the siting of any furniture on the highway under this licence unless the damage or loss is solely attributable to the misconduct or negligence on the part of the Council, its servants or agents. The Licensee shall have an appropriate level of public liability insurance (minimum cover of £5 million) for the use of the licensed space.
3. The licence holder must:
   • complete the government’s COVID-19 risk assessment;
   • comply with the government’s guidance on managing the risk of COVID-19;
   • have cleaning, hand-washing and hygiene procedures in line with guidance.
4. The furniture must:
   • be arranged in accordance to comply with current social distancing requirements;
   • have contact points thoroughly cleansed and sanitised before each customer use;
   • be kept in a safe and well-maintained condition;
   • not obstruct any designated fire escape route;
   • not extend beyond the designated area or cause a danger to pedestrian safety.
   • not be permanently affixed to the highway
   • Items such as A boards and menu boards must be kept within the licensed area.
5. The use of glassware is not permitted at any time unless expressly permitted in writing by Manchester City Council. If glassware is expressly permitted, the licensee must comply with any request by an authorised officer to use plastic glasses for a temporary period where required for public safety. Any breakages must be cleared as soon as reasonably possible and no broken glass must be left on the highway.
6. All customers using the area must be seated except for the purposes of access and egress.
7. The licensed area must be kept tidy and free from litter at all times, and the highway effectively cleansed at the end of permitted trading.
8. Each day at the end of permitted trading under this licence, all furniture must be cleared away and removed from the highway as soon as is reasonably practicable.
9. Where furniture is unable to be removed from the highway upon the end of permitted trading because there is no available storage space whilst the premises continues trading; it must be secured, rendered unusable and stored in a manner to minimise the obstruction of the highway.
10. Where use of the carriageway is authorised subject to a road closure, all furniture must only be placed on, and must be removed from, the carriageway in time for the road closure to take effect/cease.
11. The furniture must be removed by the licensee from the highway at any time when the licensee is requested by an officer of Manchester City Council or Greater Manchester Police during events, road works, to facilitate street cleansing, or for any issue as seen fit which affects public safety, including any increased risk of disorder.
12. The Licensee shall risk assess appropriate levels of staff cover, including the use of door supervisors, to ensure the effective supervision of the licensed area and to ensure the conditions of the licence are enforced.
13. Where the licensed area is adjacent to any waterway, the licensee must:
    • Display prominent signage in the licensed area raising awareness of dangers of water and alcohol.
    • Record all incidents of customers accessing the water and any near misses, and share with the Manchester Water Safety Partnership forthwith;
    • Include water safety in any risk assessment or accompanying method statement for the use of the licensed area.
14. The licence shall be prominently displayed at all times that any furniture is placed on the public highway under this licence.
15. The premises must operate a ‘good neighbour policy’, in which the licensee must:
    • take an open approach to engagement with their neighbours; 
    • be mindful and respectful of neighbouring residents and operating businesses, particularly in respect of noise and in the use of any shared areas;
    • put in place arrangements for residents to directly raise concerns with the premises;
    • take practical steps to avoid causing a public nuisance and mitigate and resolve issues as far as is reasonably practicable.