Pavement café - Memorandum of Agreement terms and conditions
The Memorandum of Agreement is subject to a number of terms and conditions and you are advised to read these in full as failure to observe these may result in your application being revoked.
1. Any consent so granted will be conditional upon the Licensee / Applicant obtaining written consent from Swansea Council. This can be sought by applying for a Memorandum of Agreement.
2. Tables, chairs and umbrellas shall be of such design as shall be approved by the council and the Applicant / Licensee shall not cause any tables, chairs or umbrellas to be placed on the highway prior to the date hereof.
3. Any items placed on the highway shall be the sole responsibility of the Licensee and the Licensee shall make no claim or charge against the council in the event of the chairs, tables or umbrellas being lost stolen or damaged in any way from whatever cause.
4. The Licensee shall indemnify the council against all actions proceedings, claims, demands and liability howsoever arising and which may at any time be taken made or incurred in consequence of the use of the chairs, tables and umbrellas and for this purpose must take out at the licensee's expense a policy of insurance approved by the council in the sum of at least £5 million in respect of any one claim and must produce to the council on request the current request for premium payments and confirmation of the annual renewal of the policy.
5. The area so permitted must be used solely for the purpose of consuming refreshments.
6. No charge will be made by the Applicant / Licensee for the use of the chairs, tables and umbrellas .
7. The Licensee shall ensure that the tables and chairs are kept clean and tidy at all times and that all litter, grease etc. deposited on the highway is removed at regular intervals during the day, such removal to be at the Applicants / Licensee's own expense. Refuse and litter from the licensee's operations must not be disposed of in the permanent litter bins provided by the council in the vicinity.
8. The Applicant / Licensee must ensure at all times that waste bins are kept in the area so designated for that purpose on the said plan attached hereto.
9. The Licensee shall remove the tables, chairs barriers etc from the highway outside trading hours daily and in any event no earlier than 07:30 hours and no later than 23.00 hours and immediately if required to do so as to permit works in or the use of the highway by:
a) The council, the Police, Fire and Ambulance Services and any statutory undertaker, or telecommunications code operator or;
b) Builder's vehicles, hearses, furniture removal vans, delivery vans and cleansing operatives.
10. The Applicant /Licensee shall in addition to the provisions of clause 9 hereof remove the tables, chairs and umbrellas when required to do so by Swansea Council without notice by an authorised officer of the council acting reasonably and shall not reinstate the tables, chairs and umbrellas until authorised to do so.
11. The Applicant / Licensee shall not permit tables, chairs and umbrellas to extend so as to obstruct or block the highway. A desirable walkway of 1.8 meters should be available for passing pedestrians, and an absolute minimum of 1.5 meters if the desirable width is not achievable.
12. The Applicants / Licensee shall provide adequate washing and toilet facilities for all persons availing themselves of the facility occasioned by the said siting of tables and chairs and umbrellas.
13. The Applicant / Licensee shall at all times ensure that the facilities offered are operated in such a way so as not to cause any nuisance or annoyance to the owners or occupiers of adjoining premises and to all persons using the highway.
14. Any new application is subject to a 28 day consultation period. The Applicant / Licensee may deposit tables and chairs on the highway, immediately following approval from the Highways Department, but consent may be withdrawn if valid objections and/or complaints are received.
15. If consent is withdrawn during the Memorandum of Agreement period, you must remove all street furniture deposited on the highway immediately, or within a reasonable timeframe communicated by an authorised officer of Swansea Council.
16. The Licensee shall ensure that all alcoholic and soft beverages are served only in plastic glasses save that tea, coffee and all other hot beverages may be served in normal mugs or cups unless a written risk assessment has been undertaken.
17. The tables, chairs and umbrellas are to be sited so as not to obstruct textured surfaces which are provided for the benefit of those persons suffering from a visual disability or sight impairment.
18. The Applicant / Licensee shall sign a copy of any agreement or licence to show that they have read and understood the terms and conditions they must abide by.
19. No alcohol shall be sold in the area covered by this Licence unless an appropriate term allowing such sale exists in the Premises Licence for the premises as issued by the Licensing Authority.
20. The Licensee shall be responsible for all rates, taxes and other outgoings which may be charged.
21. The fee for this agreement has been waived. The application and agreement is free of charge.
22. If it appears to the council that the Applicant / Licensee has committed a breach of the terms of the within written Licence which in the sole opinion of the council which is incapable of being remedied, the council may withdraw consent for the outdoor space immediately.
23. Where is appears to the council that the Applicant / Licensee has committed a breach of the terms of the permission which is capable of remedy then the provisions of Section 115 K of the Highways Act 1980 shall apply.
24. This licence does not constitute consent for any advertising on or outside the enclosure as this requires separate approval. Should you wish to advertise, please contact the Highways Department to discuss your requirements.