Apply for a tables and chairs licence for a street cafe

When you apply for a tables and chairs licence for a street cafe, you agree to these conditions.

Permission to use any part of the adopted road, including the footway, for a pavement cafe is granted by the issue of a permit by the council as the roads authority under Section 59 of the Roads (Scotland) Act 1984.

Tables and chairs placed on any part of the adopted road or footway without permission constitute an obstruction and the council will take enforcement action in such cases.

The granting of permission under Section 59 of the Act only relates to occupation of the road and applicants will need to ensure that they obtain all other necessary permits and permissions eg planning consent, alcohol licencing.

The granting of other relevant permits or consents should not be taken as an indication that occupation of the road will be permitted.

Street cafes will be considered on footways and other areas where there is public access. The minimum width of unobstructed space between the carriageway and the front of the street café must be no less than 1.8m. In streets with high pedestrian usage, and in pedestrianised areas, the minimum width will be greater.

Each application will be judged on its merits and the unobstructed space will be set according to the street type and frequency of pedestrian usage.

If the street café is directly in front of the applicant’s premises then a 1.5m wide unobstructed access corridor to the premise’s entrance must be maintained at all times.

The street café must be surrounded by a physical barrier of not less than 0.6m in height to guide people with disabilities around the area and this should include a low level kick board or similar which can be detected by the visually impaired using a stick.

These barriers must not be fixed to the ground and must be of a design agreed by the council.

There should be no free-standing signs or other impediments placed outwith this barrier.

Tables, chairs and associated barriers must be removed from the area promptly after trading hours unless by express written variation to this permit.

It is a condition of consent that applicants agree to the removal, at short notice, of all tables, chairs and associated structures at any time that they are requested to so do by the council, any statutory undertaker (utility company) or by the emergency services.

Applicants should also note that consent may be suspended by the council at any time to allow for street works or for any other competent reason. If consent is suspended for a continuous period of greater than 4 weeks then a refund of fees may be considered.

Permission for a street café will normally be granted for a 12 month period to allow the council to monitor the operation of the facility and to ensure that these guidelines and conditions are being adhered to. 

Applicants should reapply on an annual basis confirming that the area to be occupied has not changed. 

Applicants will be required to provide proof of indemnification against all claims, injuries or accidents with cover up to £5 million for any one event prior to placement of any furniture or associated structures on the footway and this proof should also be provided with any application to renew.