CONDITIONS OF LICENCE
Under The Highways Act 1980 Section 171 S(2)(5)
1. All materials must be positioned so as not to obstruct other premises in the locality, impede the surface water
drainage nor obstruct access to fire hydrants, highway drainage gullies, manholes and apparatus of any public
utility. Nor must they be placed in such a location as to contravene any Traffic Regulatory Order.
2. All materials shall be placed and stored in a safe manner so as not to cause a danger or nuisance to other users
of the highway. The materials shall be positioned as to be clearly visible to traffic approaching from any
direction at a distance of not less than 75m and shall not be positioned within 15m of a road junction. The
materials shall be positioned so as to avoid undue obstruction and interference with users of the highway and at
least 1.5m clear footway for the passage of pedestrian shall be maintained at all times. If this minimum
clearance on the footway cannot be maintained, a portion of the carriageway must be fenced off for protection.
Such fencing will need to be approved by the Highway Authority and may be subject to further conditions.
3. During the hours of darkness (between half an hour after sunset and half an hour before sunrise) the materials
shall be illuminated by means of amber road danger lamps. Such illumination shall be provided to define the
extent of any obstruction of the public highway. The lighting requirements will differ with each application and
the applicant’s proposals for such may be required by the Highway Authority prior to granting a licence. As a
minimum requirement, lamps shall be positioned at the extreme corners of the material. Any lamps used shall
be steady and positioned in such a manner as to not cause a nuisance to pedestrians or vehicular traffic.
4. All materials shall be signed and guarded at all times, in accordance with the requirements described in Chapter
8 of the Traffic Sign Manual, or “Safety At Street Works And Road Works - A Code Of Practice”
The Highway Authority may require signing and guarding proposals prior to the approval of a licence
application.
5. Except where agreed as part of this licence no part of highway may be closed, without the consent of the
Highway Authority.
6. No materials deposited on the public highway shall contain any inflammable, explosive, noxious or dangerous
material, or any material which is likely to putrefy or otherwise become a nuisance or danger to users of the
highway.
7. Any request for an extension to the period for which the licence has been granted must be made to the Highway
Authority at least 24 hours (excluding Saturday and Sunday and Bank Holidays) prior to the expiry of the
existing licence.
8. The licensee must be covered by Public Liability Insurance which should be available for inspection, minimum
cover to be £5 million.
9. The licensee shall indemnify Bolton Council in respect of any Third Party claims or demands, which may result
from the depositing of materials on the public highway.
9 On the expiry of the licence the public highway where the materials were deposited shall be left in a clean and
tidy condition and any damage to the public highway shall be repaired to the satisfaction of the Highway
Authority at the expense of the licence holder.
10. The Highway Authority reserves the right to carry out inspections at any time so as to ensure compliance with
those conditions specified.
11. Nothing in this licence absolves the holder from their responsibilities to maintain access or provide protection to
apparatus owned, used or maintained by Statutory Undertakers.
12. The Highway Authority may require the materials to be removed prior to the expiry of the licence in certain
circumstances.
Important Notes
• For the purpose of this licence ‘The Highway’ shall include the carriageway, footway and any verge.
• The granting of this licence does not permit the mixing of any mortar, concrete or cement on the highway or
any other materials which may permanently stain or disfigure the highway.
• A criminal offence is committed if these conditions are breached.
