Requirement for pavement café licence
I12Offence of placing furniture on public area without pavement café licence
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.