Alfresco licence

Businesses are expected to run their Alfresco areas in line with up-to-date national guidance.

Designated area

• Two metres of footway should be left clear past the area at all times
• It should be located next to your premises and contained within the frontage
• It should not conflict with accesses or dropped crossings
• It should not stop the sight lines of drivers, pedestrians, wheelchairs or prams, the blind and partially sighted or hide road signs
• The area is contained within a clearly marked area
• If the area is on the road, there should be a clear three metres of road free to ensure emergency vehicles can pass
• In a pedestrianised area the licence may only be granted during these hours
• Timings should be considered to allow street cleansing
• The area should have clear ‘smoking’ and ‘non-smoking’ areas, with ‘no smoking’ signage displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (Signs) Regulations 2012.

You will be required to allow the emergency services into the designated area at any time. You will also need to comply with the instructions of the Council, Police, Fire Officer, Statutory Undertakers or any other person or body with a statutory interest in this respect. Where an alfresco area is required to be suspended for an event, the Council will aim to give as much notice as possible. Under such circumstances you will have no option to a claim for loss of trade.

Barriers

The area must be marked by clear barriers. These should be robust and designed to resist being blown over by wind and passing traffic. The barriers should be the first item taken out and the last item removed at the end of the licensed period.

Permissible barriers should include:

• a smooth panel/handrail fixed at a height of between one metre and 1.2 metres above ground level
• a tapping rail at a fixed at a height no more than 15cm off ground level.
• The barriered area should have a gap to provide access to your premises. This gap should be 1.5m wide but no wider. This is to enable wheelchair and mobility aid users to access your premises whilst ensuring that the gap remains as narrow as possible to guide cane users and guide dogs.

The barriers should be of contrasting colour to the background against which they are set so that they can be easily identified by the visually impaired but do not dominate the street.

Indemnity

In making your application you are confirming that you are indemnifying us against all losses and claims for injury or damage to any person or property which may occur as a result of or in connection with the provision of the facility. For this purpose you must provide proof that you have an insurance policy of at least the sum of £5,000,000 (five million pounds) for one incident with the number of incidents unlimited with an insurance company to be approved by us.

Premises licence

In order to serve alcohol, the area you propose to use must be included in the premises licence required for the supply of alcohol. You may need to apply for an amendment to your licence if this is not included within your designated area. This is a separate process and obtaining a Highways Act licence does not guarantee that an extension to a premises licence will be granted.