Licensing of Pavement Cafés (Northern Ireland) Act 2014
| Jurisdiction | Northern Ireland |
| Citation | 2014 NI c 9 |
| Year | 2014 |
(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.to which the public has access, without payment, as of right; andwhich is not in a market area.tables;chairs;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.furniture for use for the consumption of food or drink supplied in or from the premises is placed on a public area in the course of the business, orfurniture for such use which has been placed on a public area in the course of the business remains on that public area,(2) Subsection (1) does not apply if the furniture is temporary and, at the time in question, the person carrying on the business holds a pavement café licence in respect of the premises.the person carrying on the business; andany other person concerned in the management of the premises who is responsible for the furniture being placed on, or (as the case may be) remaining on, the public area.the reference in subsection (2) to the person carrying on the business includes any of those persons; andthe reference in subsection (3) (a) to the person carrying on the business is to each of those persons.(5) Subsection (1) (b) applies whether the furniture was placed on the public area before or after the commencement of this section.(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.(7) It is a defence for a person charged with an offence under this section to prove that that person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(1) A person who carries on, or proposes to carry on, a relevant business may apply to the relevant district council for a pavement café licence in respect of premises specified in the application.(2) The premises specified must be premises in or from which food or drink is, or will be, supplied in the course of the business.(3) Only one set of premises may be specified in the application, but this does not prevent a person from making two or more separate applications in respect of different sets of premises.shows the location and dimensions of the public area (or each of the public areas) on which the applicant wishes to place temporary furniture for use for the consumption of food or drink supplied in or from the specified premises; andmeets such other requirements as the council may specify.(5) Any such area must be situated in the district of the relevant district council.(6) Sections 10 and 11 apply in relation to an application under this section.(7) In this section—
- “a relevant business” means a business involving the supply of food or drink to members of the public, or of a section of the public;
- “the relevant district council” means the council in whose district the premises specified in the application are situated.
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