Requirement for pavement café licence
1Meaning of “pavement café licence” and other key terms
(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.