Schedule of standard licence conditions for containers/welfare units and plant to be placed on the public highway
All items authorised by this Licence must be placed in the licensed position only and as near to the edge of the carriageway as is reasonably practicable without impeding the surface water drainage, or obstructing any utility access point or the apparatus of any undertaker as defined by the New Roads and Street Works Act 1981 or any apparatus of the Highway Authority.
No item may be positioned to obstruct access to any premises unless the consent of the occupier of those premises has been obtained.
No item may be placed on a grass verge without the prior agreement of Brighton & Hove City Council in writing.
Each item must be marked, guarded and lit in accordance with the following requirements:
each item must be guarded/fenced when required
layout of traffic control must be in accordance with Chapter 8 of the Traffic Signs Manual
each item must be properly lighted during the hours of darkness
the sides of the item facing traffic must not be painted black or dark blue
each corner of the item must have florescent markings which comply with those prescribed in the Builders Skips (Marking) Regulations 1984 as if the item was a builder’s skip within the meaning of section 139(11) of the Highways Act 1980
items or containers, when standing on the highway, must not be or contain any inflammable, explosive, noxious or dangerous material, or any material which is likely to putrefy or otherwise is, or is likely to become a nuisance to users of the highway
each unit must be clearly marked with the name, address and 24-hour contact number of the licensee
No item is permitted to remain on the highway after the expiry date of the Licence issued.
The highway must be left, at all times, in a clean and tidy condition.
A condition survey and photos should be taken by the contractors before the container/welfare unit is placed on the highway, these should be provided on request. Failure to provide evidence of the highway condition prior to the container/welfare unit being placed on the highway may result in costs being sought for repairs.
The licensee shall be responsible for making good to the satisfaction of Brighton & Hove City Council any damage to the highway using council-approved contractors, qualified under the provisions of the New Roads and Street Works Act 1991, and in the event of failure to comply shall reimburse the licensor all costs incurred in repairs.
Brighton & Hove City Council may require the Licensee to remove or reposition the item or cause it to be removed or repositioned and the Licensee shall comply with any such requirement as soon as is reasonably practicable.
In the event of any failure by the Licensee to comply with clause 9 above Brighton & Hove City Council may remove or reposition the item or cause it to be removed or repositioned and the Licensee must indemnify Brighton & Hove City Council on demand against any costs incurred by it in connection with such removal or repositioning.
If deemed necessary, Brighton & Hove City Council may alter licence conditions at any time or rescind the licence with reasonable cause. The licensee shall not be entitled to any compensation for loss of trade or business as a result.
The Licensee must indemnify Brighton & Hove City Council on demand against all claims for legal liability arising from the issue of this licence and provide for the duration of the license public liability insurance cover of not less than £10 million pounds. Documentary proof of the holding of this cover must be provided to Brighton & Hove City Council on demand.
These requirements shall be deemed to be terms of the licence only insofar as they do not conflict with or duplicate any other legal requirements. Any failure on the part of the Licensee to comply with the above conditions will result in the revoking of the permission granted.