Section 17 allows a council at any time to vary a pavement café licence which does not have an alcohol prohibition by including such a prohibition in the licence conditions. Variation of the licence in this way would be necessary if, for example, a supermarket with a pavement café licence subsequently obtained an off-sales licence (see Section 6(2)(a)). A council may also insert an alcohol prohibition if it is satisfied that consumption of alcohol in the pavement café area is likely to result in disorder.
Commentary on Sections Section 17: Compulsory variation: prohibition of alcohol