Strete Gate Draft Licence
This Licence dated the day of 2023
is made between:-
(1) South Hams District Council of Follaton House, Plymouth Road, Totnes, Devon, TQ9 5NE ("the Council"), and
(2) of ('the Licensee')
1. Licence and Fee
1.1. Subject to the Licensee's obligations and to the other provisions hereinafter mentioned and to the payment by the Licensee to the Council of the licence fees hereinafter mentioned the Council permits the Licensee to park and trade from one mobile catering vehicle on land at Strete Gate Car Park, Slapton, Devon (hereinafter called "the Site" and shown edged red and coloured pink on the attached plan) for three specified periods as follows:-
- 1.1.1 From and including 26 March 2023 to and including 19 March 2024; and
- 1.1.2 From and including 26 March 2024 to and including 19 March 2025; and
- 1.1.3 From and including 26 March 2025 to and including 19 March 2026
which periods together are hereinafter called "the Licence Period" but subject always to the right of determination as hereinafter mentioned
2. Licensee's obligations to pay Licence Fee
2.1. In return for the grant of the Licence, the Licensee agrees to pay to the Council the sum of XX.XX(£) per year in advance by way of a Licence fee for each year of the Licence Period the first of such payments to be paid on the signing hereof for the period from and including 26 March 2023 to and including 19 March 2024 and the Licence fee for each of the periods from and including 26 March 2024 to and including 19 March 2025 and from and including 26 March 2025 to and including 19 March 2026 respectively to be paid on 26 March 2024 and 26 March 2025 respectively.
3. Licensee's Obligations
The Licensee agrees with the Council to comply with the following, as regards both the Site and any other land under the control of the Council at Slapton:-
3.1. To park and trade only from the Site or such other position as shall be first approved in writing by the Council's Car Park's Manager;
3.2. Only to park one mobile catering vehicle on the Site at any one time;
3.3. Not to sell any article, goods, food or substance except ice-creams, sweets, crisps, soft drinks, tea and coffee, cakes and pastries and only to sell them directly to the public from the mobile catering vehicle;
3.4. To pay all existing and future rates, taxes and outgoings charged upon occupation of the Site, including Uniform Business Rates;
3.5. To clear any litter dropped or deposited on or about the Site which is the type of litter normally associated with the sale of ice-cream, sweets, crisps, soft drinks, tea and coffee and cakes and pastries;
3.6. Not to cause a nuisance or annoyance to persons using Strete Gate Car Park, Slapton;
3.7. Not to assign the benefit of this Licence;
3.8 Planning matters:
3.8.1. To comply with the provisions and requirements of the Town and Country Planning Act 1990 and all regulations or orders made under it, whether as to the use of the Site or otherwise, and to indemnify and keep the Council indemnified, both during and after the end of the Licence Period, against all liabilities whatsoever (including costs and expenses) arising out of the use of the Site;
3.8.2. To produce immediately to the Council any notice, order or other document given or issued to the Licensee by a Planning Authority under or by virtue of the said Act affecting or relating to the Site;
3.8.3. At the request and cost of the Council to make or join with the Council in making any objection or representation in respect of the same that the Council shall consider appropriate;
3.9. To maintain insurance as required under road traffic legislation, and any other statutory requirement applicable to the Licensee's activities, and to produce evidence of such insurance to the Council on demand.
3.10. To take out and maintain for the duration of the Licence Period third party liability insurance cover for a minimum sum of Five Million Pounds (£5,000,000.00) for each and every single event or claim in respect of all loss or damage however caused. It shall be for the Licensee having taken any necessary professional advice to determine the appropriate level of cover above the minimum sum insured reflecting the nature of the Licensee's business and the perceived level of risk. The Licensee shall produce the insurance policy for inspection by the Council within seven days of receiving written notice from the Council to do so and must comply with all or any reasonable conditions and requirements of the Council in relation to such policy of insurance
3.11. To pay a contribution of £500.00 towards the Council's costs for the processing, preparation and completion of the Licence.
4. Other Provisions
4.1. It is mutually agreed between the Licensee and the Council that:-
4.1.1. The Council reserves the right at any time during the Licence Period to vary the location of the Site from time to time in the event that the Council requires the use of the Site (or any substitute site) in relation to works to the A379 road or other works ancillary thereto subject to the Council giving the Licensee not less than a one-month written notice. The location of the substitute site shall be agreed by both parties but in the event that the parties cannot reach agreement on the location of the substitute site the Licensee shall be able to determine this Licence and shall be entitled to a pro rata refund of the licence fee paid for the ten current year of the Licence Period but not further or otherwise.
4.1.2. If the Licensee or:-
- (i) any of their employees or agents, or
- (ii) any person having the control of one of the Licensee's mobile catering vehicles by virtue of any agreement between such persons and the Licensee, whether the terms of such an agreement have been complied with or not
fails to observe any of the conditions of this Licence, the Council may terminate this Licence by giving the Licensee seven days' notice in writing;
4.1.3. If this Licence is terminated in accordance with clause 4.1.2, no part of the fee paid by the Licensee shall be repayable;
4.1.4. "Seven days' notice in writing" shall be deemed to have been properly given by the Council if such a notice is sent by Recorded Delivery Post to the Licensee's last known address;
4.1.5. This Licence shall operate between the hours of sunrise and sunset;
4.1.6. It is not the intention of either of them to create between them the relationship of landlord and tenant;
4.1.7. Where the context so requires or admits in this Licence the masculine gender shall include the feminine gender and the plural member shall include the singular member and vice versa and if there shall be more than one Licensee all the obligations contained in this Licence in the part of the Licensee shall be deemed to have been made jointly and severally with all such persons with the Council;
4.1.8. If the Council shall desire to determine this Licence at either the end of the first period of the Licence Period namely 19 March 2024 or at the end of the second period of the Licence Period namely 19 March 2025 and shall on either occasion give to the Licensee not less than three months previous written notice of such its desire then this Licence shall cease and be void but without prejudice to the rights and remedies of the Council against the Licensee in respect of any antecedent claim or breach of the Licensee's obligations herein contained
4.1.9. A person who is not a party to this Licence shall have no rights under the Contract (Rights of Third Party) Act 1999 to enforce any of its term.
AS WITNESS the hands of the parties hereto the day and year first before written
SIGNED BY
on behalf of
SOUTH HAMS DISTRICT COUNCIL
in the presence of:-
SIGNED BY the said
in the presence of:-
Witness signature
Full Name
Address
Occupation
DATED 2023
SOUTH HAMS DISTRICT COUNCIL
- and -
LICENSEE
Licence
To sell Ice-Cream/Light Refreshments from Land at Strete Gate Car Park, Slapton in the County of Devon
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