PLACING OBJECTS
OR STRUCTURES ON THE HIGHWAY
(HIGHWAYS ACT 1980 PART III)
FOR THE PURPOSE OF PROVIDING
REFRESHMENTS
Scope
The placing of objects or structures on the highway is controlled by the provisions of Part VIIA of
the Highways Act 1980 and applies to all public highways. Whatever the position with regard to
the ownership of the land, the issue that must be determined is whether the land forms part of
the highway over which the public has a right to pass or repass, or whether it is a private area
over which the public has no right of access accept by consent.
In the case of privately owned land, if the public has, without interruption, for a period of 20
years enjoyed the right to pass or repass then the land is deemed to have been dedicated as a
highway unless there is sufficient evidence that there was no intention during that period to so
dedicate it. Consent is therefore required.
The onus is on the landowner to produce evidence to rebut any deemed dedication. If no
substantiated rebuttal or formal application for consent is made, the Council will perform its
statutory duty to protect and assert the rights of the public over the highway and take action to
prevent any unauthorised obstruction.
An extract of Section 31 of the Highways Act 1980 is attached at Appendix A.
Licence Periods
The days and times are at the discretion of the Dover District Council/.
Procedure
1. The Application Form should be completed and returned with a site plan clearly showing
the dimensions of the area of highway on which furniture is to be sited and the proposed
layout of the furniture together with the Requisition (Appendix C) requiring details of all
persons with an interest in the applicant's property. If you wish to discuss the site
layout, please contact the Highways Management Unit (extension 2440).
2. Administration to:-
(i) Consult the Highways Management Unit, the local Police and Chamber of Trade
before referring the matter to the Council for consideration in principle and
(ii) Determine all those people who have an interest in premises that are materially
affected by the proposal.
3. If an application is approved in principle, local consultation will take place allowing 28
days for representations to be made.
4. If any representations are received details, will be forwarded to the applicant for
comment and the matter will then be referred back to the Council for further
consideration.
5. If no objections are received or if approval is given after consideration of objections, the
licence will be prepared.
Enforcement
The Council will keep the operation of a licence under review and any failure to comply with
licence conditions could result in the Council carrying out rectification works and recharging the
cost to the licensee or even terminating the licence.
HIGHWAYS ACT 1980 - PART III
Dedication of way as highway presumed after public use for 20 years
31. (1) Where a way over any land, other than a way of such a character that use of it
by the public could not give rise at common law to any presumption of
dedication, has been actually enjoyed by the public as of right and without
interruption for a full period of 20 years, the way is to be deemed to have been
dedicated as a highway unless there is sufficient evidence that there was no
intention during that period to dedicate it.
(2) The period of 20 years referred to in subsection (1) above is to be calculated
retrospectively from the date when the right of the public to use the way is
brought into question, whether by a notice such as is mentioned in subsection
(3) below or otherwise.
(3) Where the owner of the land over which any such way as aforesaid passes:-
(a) has erected in such manner as to be visible to persons using the way a
notice inconsistent with the dedication of the way as a highway, and
(b) has maintained the notice after 1st January 1934, or any later date on
which it was erected,
the notice, in the absence of proof of a contrary intention, is sufficient evidence
to negative the intention to dedicate the way as a highway.
(4) In the case of land in the possession of a tenant for a term of years, or from year
to year, any person for the time being entitled in reversion to the land shall,
notwithstanding the existence of the tenancy, have the right to place and
maintain such a notice as is mentioned in subsection (3) above, so, however,
that no injury is done thereby to the business or occupation of the tenant.
(5) Where a notice erected as mentioned in subsection (3) above is subsequently
torn down or defaced, a notice given by the owner of the land to the appropriate
council that the way is not dedicated as a highway is, in the absence of proof of
a contrary intention, sufficient evidence to negative the intention of the owner of
the land to dedicate the way as a highway.
(6) An owner of land may at any time deposit with the appropriate council:-
(a) a map of the land on a scale of not less than 6 inches to 1 mile, and
(b) a statement indicating what ways (if any) over the land he admits to have
been dedicated as highways;
and, in any case in which such a deposit has been made, statutory declarations
made by that owner or by his successors in title and lodged by him or them with
the appropriate council at any time:-
(i) within six years from the date of the deposit, or
(ii) within six years from the date on which any previous declaration was last
lodged under this section,
to the effect that no additional way (other than any specifically indicated in the
declaration) over the land delineated on the said map has been dedicated as a
highway since the date of the deposit, or since the date of the lodgement of such
previous declaration, as the case may be, are in the absence of proof of a
contrary intention, sufficient evidence to negative the intention of the owner or
his successors in title to dedicate any such additional way as a highway.
(7) For the purposes of the foregoing provisions of this section "owner", in relation to
any land, means a person who is for the time being entitled to dispose of the fee
simple in the land; and for the purposes of subsections (5) and (6) above "the
appropriate council" means the council of the county [metropolitan district] or
London borough in which the way (in the case of subsection (5)) or the land (in
the case of subsection (6)) is situated or, where the way or land is situated in the
City, the Common Council.
(8) Nothing in this section affects any incapacity of a corporation or other body or
person in possession of land for public or statutory purposes to dedicate a way
over that land as a highway if the existence of a highway would be incompatible
with those purposes.
(9) Nothing in this section operates to prevent the dedication of a way as a highway
being presumed on proof of user for any less period than 20 years, or being
presumed or proved in any circumstances in which it might have been presumed
or proved immediately before the commencement of this Act.
(10) Nothing in this section or section 32 below affects [section 56(1) to the Wildlife
and Countryside Act 1981 (which provides that a definitive map and statement]
are conclusive evidence as to the existence of the highways shown on the map
and as to certain particulars contained in the statement) [ . . . ]
(11) For the purposes of this section "land" includes land covered with water.
LICENCE\MISC\STFUR-GN
Highways Act 1980 - Section 115
Application for a Street Furniture
Licence
1. Applicant
Full name
Date of birth
Address including postcode
Telephone number(s)
Mobile number
Email address
2. Business
Name
Address including postcode
Telephone
1
3. Licence Required
From (month) To (month)
Days
Between the times and
Number of tables
Number of chairs
Brief description of type and quality of
tables and chairs
Please also provide photos if possible
4. Additional Information
Do you have toilets for customers to use? Yes No
If yes, please say how Many?
Have you sought the advice of the environmental health
officer in respect of food hygiene and health and safety
matters?
Yes No
Have you ever been refused a street furniture Licence in
this or any other areas?
Yes No
If yes, please give details
PLANNING PERMISSION MAY BE REQUIRED
PLEASE TELEPHONE 01304 872042.
2
3
5. Declaration
I enclose
Plan showing dimensions of area of highway and proposed layout of street furniture
Copy of Public Liability Insurance
Fee: £75 Application Fee or £35 For Annual Renewal.
I declare that I have checked the information given on this application form and to the best of
my knowledge and belief it is correct.
Signature
Date
Notes
1. If any person makes a false statement or omits any material particular in giving the
foregoing information knowingly he may be guilty of an offence and liable to prosecution. In
addition the licence may be revoked forthwith.
2. Please complete this form on a computer or in block capital letters and return it to
Licensing
Dover District Council
White Cliffs Business Park
Dover CT16 3PJ
For Office Use Only
Date Time Officer
Receipt number Fee £
Licence number Issue date
Permission to Place Objects or Structures
On a Highway
Standard Conditions
1. The area on which objects or structures may be placed will be defined and no object or
structure shall be placed on any part of the highway outside that area.
2. Termination shall be by one month's notice in writing by either side unless the licensee
breaches or fails to observe conditions in which case the Council may revoke the
permission forthwith without notice.
3. Limitation upon period that structures may be placed on the highway.
4. The objects or structures shall not be used for any purpose other than for providing
refreshment for the benefit of the public.
5. The permit holder shall ensure that all persons using the area are seated at all times on
the seats provided.
6. No nuisance or annoyance shall be caused to any adjoining premises.
7. The objects or structures shall be of good and sufficient quality and shall be kept in good
and sufficient state of repair.
8. The area shall be kept clean and tidy and shall be cleansed and washed if necessary on
each occasion at the end of each permitted period. Failure to do so could result in the
Council carrying out such works in default without notice and recharging the full cost
thereof to the permit holder.
9. Any permit issued is personal to the permit holder and cannot be assigned or
transferred.
10. The permit holder shall be responsible for all accidents, claims, damages, injuries, loss
or liability occasioned by reason of:-
(a) placing of the objects or structures on the highway or any defects therein.
(b) the acts or defaults of the permit holder or his servants, contractors, agents or
workmen arising out of the grant of this permit.
(c) the causing of any nuisance.
11. The permit holder shall indemnify and save harmless to the Council and its officers and
servants from and against any claim in respect of injury, damage or loss arising out of
the grant of this permit (unless the injury, damage or loss is attributable to the
negligence of the Council or its officers or servants) and for this purpose shall take out at
his own expense a policy of insurance in the joint names of the permit holder and the
Council in the sum of £5 million (Five million pounds) at least and shall produce to the
Licensing Section or other proper officer for the time being of the Council the receipt for
the current premium whenever called upon to do so.
12. In the event of emergency the Council may ask the permit holder to remove the objects
or structures or may itself remove them from the permitted area for such period or
periods as it deems necessary without liability for any injury, damage or loss arising
therefrom.
13. Any permit approved does not convey approval to place any other object or structure on
the highway or obviate the necessity to obtain any planning permission or street trading
consent or any other statutory approval.
14. The permit is renewable each year at a fee determined by Dover District Council,
currently £35.
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