Licence to use outside space

relating to the area known as [INSERT NAME OF LICENSED AREA]

Date

 

Parties:

Licensor

(name and address)

 

Licensee

(name and address)

 

The following definitions apply in this licence:

Competent Authority

any statutory undertaker or any statutory public local or other authority or regulatory body or any court of law or government department or any of them or any of their duly authorised officers

Designated hours

 

The Council's Land

The land owned by the Licensor of which the Licensed Area forms part

Furniture

 

any advertising boards, barriers, benches, chairs, menu stands, space heaters, parasols, planters, tables, railings, umbrellas, waiter station or other furniture

Government Guidelines

any advice guidance recommendations and restrictions made by the UK government in response to the Covid-19 pandemic in respect of the use of the Licensed Area by the Licensee in connection with the business that is operated from the Licensee's Premises

Licensee's Business

 

Licence Fee

£ plus VAT

Licence Period

the period from and including 4 July 2020 until the date on which this licence is determined in accordance with clause 4

Licenced Area

the area as shown for identification purposes only edged red on the Plan.

Necessary Consents

all planning permissions and all other consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which shall be required by any Competent Authority for the Permitted Use.

Permitted use

a seating area for the consumption of food and drink by the customers of the Licensee being served in connection with the Licensee's Business in accordance with the Necessary Consents

Plan

attached to this Licence

VAT

value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.


1. Interpretation

The following rules of interpretation apply in this licence.

1.1 Clause, Schedule and paragraph headings shall not affect the interpretation of this licence.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.5 Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.6 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.7 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to prevent that thing being done by another person.

1.8 The obligations and liabilities of the Licensee under this licence are joint and several.

1.9 A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.


2. Licence to occupy

2.1 Subject to clause 3 and clause 4, the Licensor permits the Licensee to occupy the Licensed Area for the Permitted Use during the Designated Hours for the Licence Period in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the Licensed Area for the Permitted Use) together with the right for the Licensee its employees, customers and authorised invitees to use during the Designated Hours such parts of the Council's Land for the purpose of access to and egress from the Licensed Area as shall from time to time be designated by the Licensor for such purpose.

2.2 The Licensee acknowledges that:

(a) the Licensee shall occupy the Licensed Area as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;

(b) the Licensor retains control, possession and management of the Licensed Area and the Licensee has no right to exclude the Licensor from the Licensed Area;

(c) the licence to occupy granted by this agreement is personal to the Licensee and is not assignable and the rights given in clause 2 may only be exercised by the Licensee and its employees; and

(d) without prejudice to its rights under clause 4, the Licensor shall be entitled at any time on giving not less than 5 days' notice to require the Licensee to transfer to alternative space elsewhere within The Council's Land and the Licensee shall comply with such requirement.


3. Licensee's obligations

3.1 The Licensee agrees and undertakes:

(a) to pay to the Licensor the Licence Fee on the date of this Licence together with such VAT as may be chargeable on the Licence Fee;

(b) to keep the Licensed Area clean, tidy and clear of rubbish;

(c) not to use the Licensed Area other than for the Permitted Use;

(d) not to make any alteration or addition whatsoever to the Licensed Area;

(e) to keep all Furniture within the Licensed Area;

(f) not to cook or heat any food in the Licensed Area and not to install ice cream machines, drinks machines and other equipment for the sale of food and drink for consumption on or off the premises on the Licensed Area;

(g) to remove the Furniture from the Licensed Area outside the Designated Hours;

(h) not to play or permit to be played any music in the Licensed Area nor to permit any public entertainment of any kind in the Licensed Area;

(i) to ensure that proper supervision and control is exercised over the Licensed Area at all times;

(j) not to do or permit to be done on the Licensed Area anything which is illegal or which may be or become a nuisance (whether or not actionable), annoyance, inconvenience or disturbance to the Licensor or to tenants or occupiers of The Council's Land or any owner or occupier of neighbouring property;

(k) not to cause or permit to be caused any damage to:

(i) the Licensed Area, the Council's Land or any neighbouring property; or
(ii) any property of the owners or occupiers of the Council's Land or any neighbouring property;

(l) not to permit any drunkenness or rowdy, unseemly or disreputable behaviour to take place on the Licensed Area;

(m) to take all reasonable steps to ensure that:

(i) no glasses, cups, bottles, other crockery, cutlery and litter originating from the Licensee's Business or the Licensed Area remains or accumulates on the Licensed Area and to remove from any other parts of the Council's Land such glasses, cups, bottles, other crockery, cutlery and litter emanating from the Licensee's Business or Licensed Area as often as necessary; and
(ii) the tables on the Licensed Area are cleared promptly of any dirty and used cutlery and crockery and are wiped down regularly and any spillages in the Licensed Area are properly cleaned immediately;

(n) to take all reasonable steps to prevent customers from consuming drinks and food purchased from the Licensee's Business on any part of the Council's land outside the Licensed Area;

(o) not to allow any smell or noise to escape from the Licensed Area which in the opinion of the Licensor is offensive, annoying or out of keeping with the standards of the Council's Land;

(p) to observe any rules and regulations the Licensor makes and notifies to the Licensee from time to time in respect of the Licensed Area;

(q) prior to exercising the rights granted by this Licence to obtain all Necessary Consents and to comply with all Necessary Consents and all Government Guidelines in force from time to time during the Licence Period;

(r) to make good any damage caused to the Licensed Area and to the Council's Land arising as a result of the rights hereby granted;

(s) not to do anything that will or might vitiate in whole or in part any insurance effected by the Licensor in respect of the Licensed Area the Council's Land from time to time;

(t) to leave the Licensed Area in a clean and tidy condition free from the Furniture and all other items at the end of the Licence Period;

(u) to take out and maintain for the duration of this Licence a policy of insurance for public liability cover in a sum insured of not less than Five Million Pounds (£5,000,000.00) for each single incident or claim arising as a result of the use of the Licensed Area.

(v) to indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability arising in any way from this licence and any breach of the Licensee's undertakings contained in clause 3.


4. Termination

4.1 This licence shall end on the earliest of:

(a) 31 October 2020; or

(b) the expiry of not less than 24 hours' notice given by the Licensor to the Licensee or by the Licensee to the Licensor; or

(c) in the event that the UK Government orders or issues instructions for the closure of the Licensee's Business in response to the Covid-19 pandemic or otherwise, as soon as that order or instruction comes into effect.

4.2 Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.


5. Notices

5.1 Any notice given under this licence shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service to Licensor at the address shown on page 1 and to the Licensee at the address shown on page 1.

5.2 Any notice given in accordance with clause 5.1 will be deemed to have been received:

(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting.


6. No warranties for use or condition

6.1 The Licensor gives no warranty that the Licensed Area possesses the Necessary Consents for the Permitted Use.

6.2 The Licensor gives no warranty that the Licensed Area is physically fit for the Permitted Use.

6.3 The Licensee acknowledges that it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that may have been made by or on behalf of the Licensor before the date of this licence as to any of the matters mentioned in clause 6.1 or clause 6.2.

6.4 Nothing in this clause shall limit or exclude any liability for fraud.


7. Limitation of Licensor's liability

7.1 Subject to clause 7.2, the Licensor is not liable for:

(a) the death of, or injury to the Licensee, its employees, customers or invitees to the Licensed Area; or

(b) damage to any property of the Licensee or that of the Licensee's employees, customers or other invitees to the Licensed Area; or

(c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee or the Licensee's employees, customers or other invitees to the Licensed Area in the exercise or purported exercise of the rights granted under clause 2.

7.2 Nothing in clause 7.1 shall limit or exclude the Licensor's liability for:

(a) death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or

(b) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.


8. Third party rights

A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.


9. Governing law

This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


10. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).

This licence has been entered into on the date stated at the beginning of it.

 

 

Signed for and on behalf of .......................................................

The Licensor

 

 

Signed for and on behalf of .......................................................

The Licensee