Commentary on Sections Section 5: Form, duration etc of licence
Section 5(1) gives a power to the Department to make regulations setting out the form of a pavement café licence. The licence must specify the holder of the licence and the premises to which it relates and be accompanied by a plan showing the location and dimensions of the pavement café area.
Section 5(3) provides a council with a degree of discretion to vary the area of the proposed pavement café. Section 5(4) allows a council to licence one or more public areas, if proposed in the application.
Section 5(5) gives a council the discretion to decide how long it wants a licence to remain valid. A council can also decide whether licences should all terminate (and hence fall for renewal) on a common date.