Shop display licence conditions

1.1 The term “licence” used below refers to any Highway Permission issued by Brighton and Hove City Council (the council). 

1.2 A “licensee” is deemed to be the body or individual to whom the licence has been issued. 

1.3 A “licensed area” is that area of public highway covered by the licence.

2.1 This licence is not transferable. 

2.2 Sub-letting of the highway is forbidden. A frontager who is a licensee may, with the advance written permission of the council, permit a suitable third party (i.e. a party the council would consider to be an appropriate licensee themselves) to display items within a relevant licensed area, but there should be no financial transaction associated with such an arrangement. Any third party must meet and comply with all licence conditions, including the holding of Public Liability Insurance (see below). Responsibility for breaches of licence conditions will lie with the licensee. 

2.3 The licensee agrees to indemnify the council against any claims in respect of injury, damage or loss arising out of the grant of the licence. Public Liability Insurance cover of at least one million pounds must be carried for the duration of the licence. Evidence for this cover must be produced on demand. 

2.4 The licence may be suspended or revoked and/or the licensee required to temporarily remove the objects by the council for any legally defensible reason. The licensee shall not be entitled to any compensation for loss of trade or business as a result. 

2.5 If deemed necessary the council may alter licence conditions at any time. The licensee shall not be entitled to any compensation for loss of trade or business as a result. 

2.6 Where necessary, the council may place time limits to restrict the use of licensed areas to permitted hours. In general, these restrictions will apply to premises with alcohol licences and will not exceed the hours set by the terms of such licences.  

2.7 Licences are valid for a maximum of 12 months and expire at 24:00 hrs. on the first 30th of April following the date of issue. Licences are subject to an annual review. Payment of licence fees is a condition of the licence. Once a licence has been issued any licence fees paid are non-refundable as these cover the cost of the administration of the licence. 

2.8 Licences only relate to the placing of objects upon the highway. It is the responsibility of the licensee to obtain all other consents required in connection with the proposed extension of their business onto the highway including, where appropriate, any amendment to their existing premises licence. 

2.9 It is a condition of Highway Licences that all consents and permissions and all health & safety, environmental health or other legal provisions or measures required by Brighton & Hove City Council or other legal authorities are obtained and adhered to including the licensing Act 2003. Proven failure to comply with legislation and/or the reasonable and legitimate instructions of an authorised officer of the Council, Her Majesty’s Health & Safety Executive or the Police may be considered a breach of the conditions governing the licence. 

3.1 The licensed area must be kept clean, being washed down as necessary, and free of litter at all times. The licensee is responsible for regularly clearing all debris and litter associated with the licensed premises, whether inside the bounds of the licensed area or not. 

3.2 No items may be placed upon the highway outside the licensed area or away from the licensed position at any time. Advertising boards placed inside the licensed area must be no larger than 1.2m high x 1.1m wide. All items must be checked at regular intervals. 

3.3 Shop displays made up of rows of irregular items (for example, pots) should ideally have vertical panels of at least 0.3m height at the edges and sides. This provides a regular and continuous tapping board for the guidance of the blind and partially sighted. If necessary, the council can make provision of these a special condition of a licence. 

3.4 No goods or food shall be displayed for sale in the highway unless it is evident that such goods are sold as part of the normal business of the licensee and are displayed prominently inside. The nature of such displays and the goods for sale must be formally approved by officers and noted within the licence agreement. Where such displays are permitted all sales must take place upon private property. No financial exchanges may take place upon the Public Highway, other than in connection with sitting-out areas. 

3.5 Licensees will be supplied with a licenced area diagram showing the extent of the highway licensed to them. This document must be kept on site and be available for inspection on demand at any time by officers of the council. 

3.6 Trade waste bins must not be stored within the licensed area. 

4.1 Anything left upon the highway outside business hours, or the hours stated in the licence conditions, or any item found chained or tied to any other object, street furniture or building without prior written permission, may be removed and impounded without further warning. 

4.2 The improper parking of vehicles by staff or persons associated with the licensed site (including delivery vehicles) will be considered a breach of the licence. This is of particular importance within those areas where vehicle access is restricted and in streets that are periodically pedestrianised. In certain parts of the city licensees may be required to agree to restrictions on delivery times.  

4.3    Note that the following general rules will be applied to all officer-approved applications/sites within the city: 

a. That no licensed traders’ items will be permitted to reduce the width of a footway to less than 1.5 metres except where: 

1. a formal pedestrian zone has been established in a road by Traffic Order and the whole of the carriageway is kept clear for pedestrian use 
2. a road is closed to vehicular traffic by virtue of a temporary Traffic Order and the whole of the carriageway is kept clear for pedestrian use 
3. a road is considered to be “shared space” and the whole carriageway is generally available for pedestrian use 
4. discretion to allow this has been exercised by Elected Members in Committee or Cabinet, due to special circumstances. 

b. That where a footway is reduced to a width of 1.5 metres (or less) by objects (whether these objects be licensable traders’ items or fixed street furniture such as lamp posts, bins etc.) “turning circles” for manual wheelchair users and guide dogs must be established at regular intervals.  These “turning circles” shall not be less than 1.6m in length and must be maintained at least every 6 metres along the length of a restricted footway. 

c. That, except in the case of items within large, waiter-serviced sitting-out areas, no traders’ item shall be permitted to be placed more than five metres from the licensed premises or out of sight from a window or door of said premises. 

The following enforcement procedure shall be applied as standard for all items placed on the Public Highway. 

• That on the discovery of a breach of the guidelines, rules and conditions, a written warning shall be issued to the relevant business/person.  
• That on the discovery of a second such breach within 12 weeks of the first, a second warning notice be served. 
• That on the discovery of a third such breach within 12 weeks of the second warning a third warning shall be served. Upon receipt of a third warning the licence shall be suspended until the case has been reviewed by the council.  

Any unauthorised items found on any site following a third warning or suspension of a licence may be removed from the Public Highway and impounded without a further warning being served. Owners of items so impounded will be given 28 days to request recover of their property after which time the items will be disposed of. Where appropriate a charge may be made by the Council for the costs of removal and storage.  

The Council reserves the right to proceed with removal of offending items or prosecution under the Highways Act 1980 at any stage of the above procedure in any case involving gross or regular breaches of legislation.