Commentary on Sections Section 2: Offence of placing furniture on public area without a licence
Section 2 creates an offence of placing furniture, for use for the consumption of food or drink, on a public area without a pavement café licence. The Section applies to businesses involved in the supply of food or drink (in or from premises) to members of the public. An offence may be committed by either the person (or persons) carrying on the business or any person concerned in the management of the premises. A person guilty of the offence is liable on summary conviction to a fine of up to £1000. Section 2(7) makes it a defence for the person charged to prove that they took all reasonable precautions and exercised due diligence to avoid commission of the offence.