Supplementary

29Byelaws

1

Where, by creating an offence, a byelaw prohibits the consumption of intoxicating liquor in a particular place, the byelaw does not apply to any relevant pavement café area within that place.

2

In this section “a relevant pavement café area” means a public area which—

a

is an area shown under section 5 on the plan in a pavement café licence which is in force;

b

for the time being has temporary furniture on it that under the terms of that licence is permitted to be on that area at that time;

c

is associated with premises licensed under the Licensing Order which are—

i

premises of a kind mentioned in Article 5(1)(a) of the Licensing Order;

ii

a hotel;

iii

a guest house in which the business of a restaurant is carried on;

iv

a restaurant; or

v

a refreshment room in public transport premises; and

d

is not subject to an alcohol condition.

3

For the purposes of subsection (2)(c)—

a

the area is “associated with” particular premises if those premises are the premises in respect of which the pavement café licence relating to the area was granted;

b

“hotel”, “guest house”, “restaurant”, and “public transport premises” have the same meanings as in the Licensing Order.

4

For the purposes of subsection (2)(d), the area is “subject to an alcohol condition” if the pavement café licence relating to the area includes a condition requiring the licence holder not to permit persons to consume intoxicating liquor when using furniture on the area.

5

In subsection (1) the reference to intoxicating liquor includes any liquor of a similar nature which falls within the byelaw.