Commentary on Sections Section 1: Meaning of “pavement café licence” and other key terms
Section 1(1) provides a definition of the term ‘pavement café licence’. A pavement café licence authorises a person who carries on a business involving the supply of food or drink (in or from premises) to place furniture (tables, chairs etc) in a public area for use by customers.
Subsections (2) to (7) are interpretative sections which clarify terms used to describe the nature of the licence. Section 1(2) makes clear that a ‘public area’ is a place in the open air which is freely accessible to the public. However, a ‘public area’ which has been acquired or established as a ‘market’ is excluded. Section 1(4) places a duty on the licence holder to ensure that furniture placed in a licensed area is of a temporary nature and can be removed swiftly.