Tables chairs terms and conditions

1. Introduction

Plymouth City Council recognises that tables and chairs on the highway can encourage a growing Café Culture, enhancing the life and character of the City for residents and visitors.
It is important for Plymouth City Council to consider whether the proposal to place tables and chairs on the highway meets the criteria and aspirations outlined in these conditions as well as complying with any legal requirements. The use of the Street includes a number of considerations so it is important to have a clear understanding about the obligations and conditions that apply to the Permit.
These conditions set out the procedures and matters for consideration when applying for permits (“Consents” under the Highways Act 1980) to place street furniture on the public highway for the purposes of recreation of refreshment. It is intended to act as a guide to applicants to explain why there is a need to control and manage items placed on the highway, the issues to be considered and the conditions that will apply to successful applications. All applications and grant of permits are subject to the Highways Act 1980 and associated legislation and interpretation.
If tables and chairs are to be used on private forecourts applicants need to ensure whether there is a need for planning permission and any other consents are required. Where there is an established right of way over a forecourt it is deemed to be highway. Each application will be checked to see if planning permission is required.
A highway is a route which all persons can use to pass and re pass along as often and whenever they wish without hindrance and without charge. This definition therefore includes the road or carriageway and the footway or pavement. In order to preserve these rights of way it is necessary to ensure that they are not obstructed either willfully or without consideration. Features and structures placed on the highway must be controlled to ensure they do not obstruct or endanger pedestrians; particularly those with impaired vision, using wheelchairs and prams.
This application may also be used for the placing of other types of street furniture, i.e display stands

2. Requirements, standards and layouts

Location

Tables and chairs permits will only be granted for sites immediately adjacent to the business that intends to operate the permits, except in extenuating circumstances. In the interest of the maintenance of outside seating areas, permits will not be granted to place tables and chairs on the highway in locations that are not within a reasonable distance from the business operating them. In an instance where a business may wish to expand its outdoor seating area onto a site adjacent to another business, it must seek not only the permission of Plymouth Highways but also the permission of any adjacent businesses before an extension of a tables and chairs permit will be granted. Plymouth Highways retain the right to make all final decisions on the granting of permits. If a business owner wishes to revoke their permission to have another business’ tables and chairs adjacent to their premises then they may state an objection when the application is up for renewal at the end of the financial year.

Space

The size of the amenity area will depend on the type of usage and the actual space available. Each case will be determined on its own merits with the overriding principle being that public safety is paramount. There must always be sufficient room for pedestrians and others to safely use the footpath, taking into account fixed items like street light columns, waste bins, post boxes, parking meters and other street furniture. Access to fire hydrants must also be maintained.
A minimum clearance width of between 1.2 and 1.5 meters must be maintained between the outer edge of any amenity and the edge of any vehicular trafficked edged or other defined carriageway. This is to allow safe movement for pedestrians, wheelchairs, mobility scooters, prams and visually or physically impaired pedestrians. For pedestrian and/or shared service areas, any amenity must be sited so as to provide sufficient width (using the above clearance guidelines if applicable) for all users to pass freely.
Additional width may be required in areas where there is a high volume of pedestrian traffic or where there are a number of permanent obstructions such as trees or other street furniture.

Access

The available route past a premises must be straight, obvious and unobstructed. The pedestrian route must not meander between the tables and chairs or standing customers so that pedestrians are not discouraged from using the footway. During hours when vehicles are normally excluded, tables and chairs should occupy only the area permitted in order to ensure a free and unobstructed route for emergency service vehicles. A minimum width of 4m is required to allow emergency vehicles to pass.
The Permit holder must remove any furniture or displays if required to do so to permit access at various times to allow works by Plymouth City Council, the emergency services any statutory undertaker or telecommunications operator or where the Permit holder has been notified of a special event taking place. There may also be circumstances when the owners or occupiers of buildings in the vicinity request access; permit holders must act reasonably to accommodate these requests.

When a street market or a special event is active, table and chairs and displays will not be permitted unless there is sufficient space to accommodate passing pedestrians, shoppers, the stalls and stock including access for Emergency Service vehicles. Alternative arrangements for tables and chairs on the highway may be considered but cannot be guaranteed.

Means of enclosure

The permitted area may be defined, during hours of operation. The extent of area can be identified by ornamental fencing with adequate openings to permit access. The intention of the enclosure should be to contain the area and give clear warning to pedestrians; particularly those with visual impairments. A low level tapping rail would be a necessary requirement. The means of enclosure must be lightweight for out of hour’s storage but sufficiently robust to cope with resistance to winds. Enclosures should have a minimum top rail height of 0.8m but no taller than 1m. Rope or chain barriers are not considered suitable.

Table and chairs

A standard citywide design and colour scheme will not be imposed; however, Plymouth City Council will insist upon a good quality and expect the style to fit in with the local environment. For example, domestic plastic patio furniture will not be acceptable. Furniture must be safe and intended for commercial use. It must be properly maintained, replaced as necessary and kept clean. Furniture should be uniform in appearance for the premises. Furniture must not damage the surface of the highway and should not generate unreasonable noise when being moved at night. Consequently, consideration should be given to using furniture with rubber feet. Materials should not be too bright, garish or overly reflective.

Umbrellas/Parasols

Umbrella location, colour and material must be specified. They must not overhang beyond the enclosure and must be weighted to prevent them being dislodged by the wind. Umbrellas must be clean and in good condition. In communal street café trading areas, each business must enable the customers to identify the seating area for its business; this may be through use of different colour fabrics or identification by company logo or a brand of product that they sell. Identification will be subject to Plymouth City Council approval.

A Boards

A Boards must be kept within the boundaries of the seating area, unless prior agreement has been made with Plymouth City Council. Any A boards found outside the area will be treated as an obstructed and may be removed.

Heaters

If heaters are proposed the heaters must meet BS Standards BS EN 60529:1992 (electric heaters) and BS EN 14543:2005 (gas heaters). Access to the controls/ pipe/ cylinder on the heaters must be restricted to authorised employees of the premises only.

Other Miscellaneous Items e.g. stalls/displays of goods

Other items on the highway will be considered where sufficient space is available not to obstruct passing pedestrians. Some road side sales may also require permission where the goods are placed on the Highway. Applicants should discuss these proposals with the Licensing Team for further advice.
Display units, where approved must only span the frontage of the business and must not protrude more than 1metre. A 1.2 metre walkway must be maintained for pedestrians.

If additional items are to be added after a permit is granted, written approval is required from Plymouth City Council. A new application may be needed to consult with relevant stakeholders.

Storage

Café furniture and other items including umbrellas and enclosures must be removed at the end of trading hours and stored inside the shop premises or within an alternative safe environment.
Nothing should be stored on the highway unless previously agreed by Plymouth City Council.
In order to facilitate this, none of the furniture or barriers should be permanently fixed to the ground, unless previously agreed by Plymouth City Council.

Litter

All tables must be cleared of all uneaten food, used crockery and cutlery as soon as reasonably practicable after being vacated by customers. Food debris must not be swept onto the highway and any windblown litter in the area must be placed in the premises own waste receptacles. At least one lidded refuse bin should be provided at all times of operation. If smoking is permitted and complies with relevant legislation, ashtrays must be provided. At the end of each day all discarded cigarette stubs must be cleared and the area should be left in a clean and tidy condition. If the site is not kept clean the work may be undertaken by Plymouth City Council and recharged to the permit holder. In streets where seagulls or birds may be a potential nuisance, umbrellas may be requested upon application.

Trade refuse

The permit holder must have a trade waste agreement and details must be provided on application. Waste receptacles should be placed out for collection no earlier than 06:00hrs on the day of collection and be brought back in within the boundaries of the premises no later than 10:00hrs on the day of collection.

Environment / Nuisance

The quality of the air and the immediate environment should be suitable for the proposed use and the proposed activities must not constitute a nuisance. The area must be favourable to sitting/eating/drinking and therefore consideration should be given to traffic volume, bus stops, taxi ranks and fumes. It is recommended that the hours of operation will depend on the location, facilities available and whether the applicant’s premises permit permits them the use of the highway area. Normally, it would be expected that any business be concluded on the highway by 11pm except in exceptional circumstances where permission is given beyond this time. External public address systems and amplified music will not be allowed within the permitted table and chair area unless such activities are permitted under a Premises Permit application under the Licensing Act 2003. The permission holder must not cause annoyance to persons using the highway or part of the highway to which the application relates.

Use of CCTV

Where alcohol is to be consumed on the tables and chairs there must be CCTV provided to cover the external area as part of the premises own CCTV system.

Sanitary Appliances

The number and type of public sanitary accommodation provided by a business is based on the number of potential customers. The applicant should ensure that the sanitary provision remains appropriate for the increase in customer numbers resulting from additional seating.

3. Process

The application must be accompanied by the following;
- A location map. You will need to show the location of your premises outlined in red on an Ordnance Survey 1:1250 scale map of the area.
- A detailed plan at a scale of 1:100 or larger, that shows the exact location and dimensions of the area of highway you are proposing to use. This drawing must also show the building line and footway width together with any private forecourts.
- You will need to indicate the proposed area on the plan and show the spaces between the items of furniture and the location of other items such as space heaters and umbrellas. The layout should allow for the tables to be served or for customers to carry food and drink themselves without leaving the proposed area to be permitted.
- The precise location of the tables and chairs, displays, umbrellas, planters, litterbins and means of enclosure.
- Mark the location of any objects already on the footway, including trees, street furniture (such as lamp posts, railings, post boxes, bus stops, traffic lights and Council planters), street trading stalls, inspection boxes and drainage gulley’s etc.
- Show on the plan the entrance to your premises, any fire escapes, inspection covers for public utilities and tactile paving areas.
- A photograph or brochure detailing the furniture to be used and means of enclosure, this must include details of any proposed advertising.
- Details of items to be placed on any display
- A copy of Public Liability Insurance for a minimum of £5 million in respect of any one incident.
It may take up to six weeks to process an application. This will include a statutory consultation period of 28 days (for new applications), taking into consideration all representations made by interested frontages and any others who would be materially affected by the proposal.

4. Fees and charges

All fees and charges are subject to review annually. This cost is currently £100 from 30th September 2023 – 30th September 2024 and is likely to increase this year. Notice will be given prior to any increase.

Your permit will not be issued until payment has been received.

You will be contacted once the permit is to be granted to take payment.

5. Duration of permit

All permits are valid from 1 April to 31 March. Permits irrespective of date of issue will be renewed from the 1 April for which the current fee will be payable. Under current terms of the highways act a permit runs from 30^th September 2023 to 30^th September 2024.
This permit will not be renewed automatically. Compliance with the terms of conditions of any previous permit will be taken into account at any application for renewal. The Highway Authority reserves the right to refuse renewal applications where appropriate.
Renewals must be applied for at least a month prior to expiry to allow sufficient time for the application to be considered.

6. Determination of application

The criteria contained within this policy will be used in determining applications. Each case will be assessed on its merits and individual circumstances. Similarly, any written objections received will be considered in terms of relevancy and appropriateness to the application and the listed criteria. Frivolous, vexatious or repetitious observations will be disregarded.
The Highways Act 1980 does not allow any legal appeals against a decision by Plymouth City Council to refuse to grant a permit. A person aggrieved by a decision may seek judicial review.

7. Terms and conditions

The tables and chairs & display units placed on the highway after the granting of a permit must be in accordance with the details and plans provided at the time of the application. No changes are permitted without prior approval from Plymouth City Council.
Permits must be clearly displayed at all times.
The Permit holder shall maintain a public liability insurance policy up to the value of £5 million pounds against any liability, loss or damage, claim or proceeding whatsoever arising under Statute or Common law in respect of the placing and maintaining of the tables and chairs on the highway or their removal there from.
Café furniture & displays must not be placed on the highway before 10:00 am to assist regular street cleaning, unless prior approval from Plymouth City Council.
The amenities must be removed from the public highway by 9:30 pm, unless prior approval from Plymouth City Council.
During normal business hours, outdoor furniture must not be stacked outside the premises (e.g. during inclement weather). Outdoor furniture should either be laid out as though for use or stored within the premises.
The Permit holder shall be responsible for keeping the designated area in a clean and tidy condition at all times. Under your duty of care you must endure that any waste produced is handled safely and in accordance with the law. You must keep all waste safe, prevent it from escaping from your control and ensure that it is only handled or dealt with by persons that are authorised to deal with it.
It is not permitted to feed vermin, seagulls or birds. Signage must be displayed at all times to discourage customers from feeding the vermin, seagulls and birds. Feeding may result in patrons or staff receiving a fixed penalty notice for littering the highway.
The Permit may be suspended where necessary to allow highway maintenance and any other necessary remedial work to be carried out at the location covered by the permit. A reasonable period of notice will be given to the permit holder where possible. Plymouth City Council will not be liable for any loss of earnings arising out of the suspension of a permit.
Any umbrellas provided must not protrude beyond the designated boundary of the permitted area. They shall be kept in good condition so as not to detract from the appearance of the street. You are advised that enclosed structures (including gazebos) and the like will not be permitted within the proposed boundary of the permitted area.
The placing of speakers or any other equipment for the amplification of music within the permitted area is strictly prohibited unless authorised by a premise permit issued under the Licensing Act 2003. Any such authorised music must not cause a nuisance or annoyance to others.
Any sales of alcohol within the permitted area must be authorised by a premises permit issued under the Licensing Act 2003.
Any material alteration to the Means of Escape, which affects people using the Means of Escape, inside or in the immediate vicinity outside the premises must be recorded in the premises' Fire Risk Assessment as a significant finding. Control measures should be put in place to reduce risk within the area as well as recording them. A review of the hazards and risks should be ongoing throughout the period the premises are in use.
This Permit covers the use of amenities by customers for consuming food or refreshment which have been purchased from the permitted establishment. This Permit does not permit the use of the amenities for any other purposes at any time.
No additional charge shall be made to customers for the use of the tables and chairs within the permitted area.
The permit holder may only use the land for the placing of tables and chairs in the course of his business only during the hours permitted by the permits and only within the defined area applied for.
A tables and chairs permit will only be granted for sites immediately adjacent to the business which is to operate them, except under extenuating circumstances.
No tables and chairs or barriers may be placed in the area until a permit has been granted.
No other items may be placed on the highway within the permitted area other than that approved in accordance with the application and the permit when granted. This consent also excludes “A board” unless specified on the permit.
Any reinstatement of the highway in the event of any damage to the highway occurring as a result of the activity will be undertaken by Plymouth City Council at the permit holder’s expense.
The permit is issued to the applicant only and is not transferable.
These conditions may be varied where appropriate to reflect any changes in local circumstances subject to Plymouth City Council approval.
The footway must not be obstructed by patrons standing between tables, chairs and the kerb.
No refunds will be made in the event of a surrender of the permit before expiry.

8. Enforcement

Ongoing enforcement monitoring will be carried out to make sure the conditions of the permit are not being broken. Plymouth City Council operates regular inspections in case of breaches of permit conditions. Depending on how serious the breach is and how often it occurs we may refuse to renew the permit, cancel the present permit, take away all the tables and chairs and other equipment or prosecute.
Any obstruction that is deemed “unreasonable” in accordance with these terms and conditions constitutes an immediate danger will be removed from the highway immediately and either returned to the owner, if known and practicable, or retained.
Where obstructions are “unreasonable”, but do not constitute an immediate danger, the owner will be requested to remove or reposition them in accordance with these terms and conditions. If the problem persists, Plymouth City Council may serve notice that the objects be removed before seeking a Magistrate’s removal and disposal order in respect of the items.
Any expenses incurred by Plymouth City Council in the removal of such items will be recovered from the permit holder in accordance with the provisions of section 115K (3) of the Highways Act 1980. Plymouth City Council cannot be held responsible for any damage caused to items during their removal, storage and return. If the items are not collected within a period of two weeks they will be disposed of.
Any deviation from permit agreement that necessitates a visit from Plymouth City Council’s enforcement officers, after the first visit, will incur an inspection fee charged to the permit holder.

9. Termination

Plymouth City Council reserves the right to revoke the permit at any time. Upon withdrawal of the consent the permit holder shall remove the amenities from the public highway and, in default, Plymouth City Council may remove.

10. Contact details

Email; networkmangement@plymouth.gov.uk

Address:

Plymouth Highways
The Greenhouse
The Ride
Plymouth
PL9 7JA