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.