Section 1 Meaning of “pavement café licence” and other key termsI1

(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.

Annotations

Commencement

I1: S. 1 in operation at 1.10.2016 by S.R. 2016/126, art. 2