Commentary on Sections Section 6: Conditions of licence
Section 6(1) requires a pavement café licence to specify that temporary furniture must not be placed on any public area other than the area covered in the licence. Section 6(2)(a) requires the inclusion of a prohibition on the consumption of alcohol at a pavement café, where the associated premises are licensed for off-sales only. This is to prevent alcohol purchased in the off-sales from being consumed in the pavement café area. Section 6(2)(b) allows a council to include an alcohol prohibition in any other pavement café licence, if it is satisfied that consumption of alcohol in the area covered by the licence would be likely to result in disorder.
Section 6(3) gives a council the discretion to specify further conditions as it considers reasonable, including conditions relating to the design and layout of the pavement café area, operating times, arrangements for the storage of furniture and the payment of fees and public liability insurance.