Section 4: Grant or refusal of licence
Section 4 places an onus on a district council to grant a pavement café licence unless one of the grounds for refusing an application applies. The grounds are that:
the proposed pavement café area is unsuitable for that purpose;
the use of that area as a pavement café would be likely to result in undue interference or inconvenience to persons or vehicles in the vicinity, or in disorder; and
the applicant has made, in connection with an application, a statement known to be false, or failed to fix a notice to the premises specified in the application, or has had a pavement café licence revoked for reasons within the applicant’s control.
Section 4(4) places a duty on the district council, when considering a new application, to consult with the Roads Service, and where the associated premises has a pub licence, the PSNI, before arriving at a decision. A council may also consult other persons as it considers appropriate. Such consultation will ensure that any possible implications for vehicular traffic or pedestrians, public safety issues, and environmental impacts are properly taken into account.