Street Cafe Permit - Guidance Notes

 

1.1 Permits

Permission to use any part of the adopted road, including footway, for a street café (or any use involving the placing of tables, chairs and other furniture outside a restaurant, café, wine bar or public house for customers to use whilst consuming food or drink) is granted by the issue of a permit by the East and South Ayrshire Council as the Roads Authority, under Section 59 of the Roads (Scotland) Act 1984.

Tables and chairs placed on any part of the adopted road without such permission constitutes an obstruction and the Council will take enforcement action in such cases.

The granting of such permission under Section 59 of the Act only relates to occupation of the road and applicants will need to ensure that they obtain necessary permits and permissions, eg planning consent, alcohol licencing.

The granting of other relevant permits / consents should not be taken as an indication that occupation of the road will be permitted.

1.2 Location

Street cafés will be considered on footways and other pedestrianised areas where there is public access.

Junction visibility splays must be maintained at all times.

This may mean increasing the unobstructed footway width to accommodate this requirement.

This will have an impact on proposed sites at or near junctions.

Street cafés should be situated adjacent to the premises from where they are intended to be serviced from with direct access from the premises to the street café area. If the street café is directly in front of the applicant’s premises then a 1.5 metre wide unobstructed access corridor to the premise’s entrance must be maintained at all times.

The street café must be physically delineated by a removable barrier to define the operational area of the street café.

The barrier must be distinguishable to other users, particularly those with visual impairments.

The design of the barrier must complement the locale of the street café and should have solid bar elements between 100mm and 1000mm above ground level.

A low level kick board or similar which can be detected by the visually impaired using a stick must also be provided.

Materials should be lightweight and portable but strong enough to prevent collapse if accidentally walked or stumbled into.

Rope barriers will not be permitted.

It is the responsibility of the permit holder to ensure that all barriers, tables, chairs etc are removed off-street out-with the agreed operational hours, or when the street café is not in use.

1.3 Furniture

The furniture used should be of a high quality and uniform style, white or other plastic garden furniture and picnic tables / benches will not be permitted.

Where umbrellas are provided these must be fabric types (ie non-reflective).

They must be positioned to avoid overhanging beyond the barriers or impairing pedestrian / vehicle sight lines.

Non-furniture items, such as menu boards, signs and portable gas heaters must be approved and comply with current British Standards, where applicable and retained within the limits of the barriers.

The Council reserves the right to remove any obstructions resulting from items being placed outwith the approved limit of the street café. All furniture and non-furniture items must be removed at the end of each working day.

1.4 Environmental Requirements

It will be the responsibility of the operator to keep the street café area clean and free from litter during the permitted hours of operation.

In general, the preparation or cooking of any form of food must be carried out from within registered premises and not at the street café to prevent the risk of food contamination and the uncontrolled dispersal of cooking vapours.

If the proprietor wishes to prepare or cook food within the street café area then consent may be required from Environmental Health to ensure compliance with Food Premises Regulations.

The operator must provide suitable and adequate lighting if it is intended that the street café will operate during the hours of darkness.

Any lighting must be designed in such a manner as to avoid distracting or confusing drivers and pedestrians.

Any area where food will be served will be designated no smoking.

1.5 Requirements for Approval It is a condition of consent that applicants agree to the removal, at short notice, of all tables, chairs and associated apparatus at any time they are requested to do so by the Council, any Statutory Undertaker or by the emergency services.

Applicants should also note that consent may be suspended by the Council at any time to allow for road works or for any competent reason. Permission to operate a street café will normally be granted for a 12 month period to allow the Council to monitor the operation of the facility and to ensure that these conditions are being adhered to.

Applicants must reapply on an annual basis confirming that the area to be occupied has not changed.

Conditions

2.1

The minimum width of unobstructed space between the carriageway and the front of the street café must be no less than 1.8m. In areas of high amenity and high pedestrian flow this distance may be increased up to 3.0m.

2.2

Junction visibility splays must be maintained at all times.

2.3

A 1.5m wide unobstructed access corridor to the premise’s entrance must be maintained at all times.

2.4

Solid barriers must be approved and have solid bar elements between 100mm and 1000mm above ground level. A low level kick board or similar which can be detected by the visually impaired using a stick must also be provided.

2.5

Rope barriers will not be permitted.

2.6

All emergency routes and exits must be kept clear at all times.

2.7

All furniture and non-furniture items must be removed at the end of each working day.

2.8

The permit requires renewal on an annual basis.

2.9

Applicants will be required to provide with the application proof of indemnification against all claims, injuries or accidents with cover up to a minimum of £5million for any one event. This proof is also required to be provided with any subsequent applications for renewal.

2.10

The area occupied by the Street Café must be washed at the end of each working day, prior to reopening the area to the general public. The operator is required to make adequate provision for the storage and disposal of all waste and litter.

2.11

The preparation or cooking of any form of food is not generally permitted at the street café. Any area where food will be served will be designated no smoking.

2.12

Hours of operation must be agreed with the Council prior to commencement of operation of an approved Street Café. However permission will not be granted before 08.00 nor after 22.00.

2.13

Applicants agree to the removal, at short notice, of all tables, chairs and associated apparatus at any time they are requested to do so by the Council, any Statutory Undertaker or by the emergency services.

Contact Information

Phone: 01563 503 160

E-mail: enquiries@ayrshireroadsalliance.org

Address:  Ayrshire Roads Alliance, Opera House, 8 John Finnie Street, Kilmarnock, KA1 1DD