Application for Tables and Chairs Permit

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If you have any questions or need assistance please contact us on 06 835 7579.

Please ensure the following document(s) accompany your application for a table and chairs permit:

- Scale drawing of the plan.




Conditions


- Please read the following conditions below,
- Applicant will be required to check box that they have read and understood these in order to be submit application,
- Please note: NCC reserves the right to alter these terms and conditions and any alterations will be notified on a case by case basis.



Footpath Occupation Licence Terms and Conditions

Please read the Footpath Management Policy (adopted on 12 August 2009) in conjunction with this application.


 
1. Napier City Council reserves the right to alter these terms and conditions. Applicants will be notified of such changes.

2. The Licence Holder will ensure that all annual licence fees are paid on or before the due date. In the event of the late or non-payment of the licence fee, Napier City Council may suspend or terminate the rights created by this licence without payment of compensation to the Licence Holder or any third party.

3. The Licence is granted as a business privilege and shall not take effect as a lease or any other legal estate. Nothing expressed or implied shall be deemed to confer on the Licence Holder the right to exclusive occupation of the land or to acquire the freehold or any other interest related to the land.

4. The Licence Holder shall not assign, charge, or part with the licence or with any of the rights, powers and privileges conferred by the Licence. The Licence can be transferred following the prior agreement of Napier City Council.

5. The Licence Holder shall not carry out any activity or permit any activity on the land that will or is likely to cause annoyance, damage or disturbance to any land owner, or member of the public within the vicinity of the land.

    
6. The Licence Holder shall only use the land for the purposes agreed to in the Licence and shall comply with all statutes, bylaws and regulations as they relate to the land and the Licence Holder’s use of the land.

    
7. The Licence Holder shall not erect any buildings on the land. The Licence Holder shall have the right to occupy the land with tables and chairs or other items, authorised by the Licence of a type and appearance acceptable to Napier City Council. The Licence Holder shall obtain any relevant consents or approvals which may be required. Nothing in this Licence shall be construed as guaranteeing that Napier City Council warrants that the land is suitable for the purposes of the Licence Holder.

 
8. The Licence Holder shall maintain the land in the same repair order and conditions as the land was at the commencement of the Licence (with the exception of reasonable wear and tear and damage by fire or natural events).

 
9. The designated area is to be cleaned, any tables and chairs or other items removed, and all waste removed at the end of each business day. Areas set up primarily for cafe or dining purposes on the footpath area are to be designated smoke-free in accordance with Council's Smokefree Policy (2015).

 
10. The Licence Holder shall not allow any vehicle belonging to themselves or anyone associated with the Licence Holder to be parked on the land.

 
11. The Licence Holder shall indemnify and keep indemnified Napier City Council from and against all claims, actions, suits or demands by any person in respect of any injury, damage or loss caused or suffered as a result of or arising from the use of the land by the Licence Holder or anyone associated with the Licence Holder.

 
12. Napier City Council shall not be liable to pay compensation to the Licence Holder for any damage to the land or to any fixtures, fittings or chattels which it may contain or for any disturbance from any cause whatsoever, or for any business loss arising from any activity of the Napier City Council.

 
13. The Licence Holder shall not carry on or permit to be carried on the land anything or any act or omission which may render any insurance policy against fire void or voidable or which may render or cause to be rendered an increased or extra penalty premium to be payable.

 
14. Napier City Council reserves the right to enter the land for any purpose and by any means.

 
15. In none of the events contemplated by this Agreement shall compensation be paid or payable to the Licence Holder for any improvements made to or put on the land, except for consideration of a part refund of any licence fee paid in advance.

 
16. In the event of the land being destroyed or damaged by fire or other inevitable accident without fault of the Licence Holder, either party may choose to continue the Licence such conditions as are agreed, provided that Napier City Council will at no time be under any obligation to repair or reinstate the land.

 
17. The occupancy must remain within the designated area at all times and pedestrians must still be able to use the footpath area.

 
18. A map for the designated area must be displayed at the principal entrance to the premises.

 
19. The designated area is to be marked out with 'marker studs' within two months of the date of issue of the Licence. This is to be arranged and paid for by the Licence Holder.

 
20. The use of umbrellas, barriers or any form of advertising in the designated area must approved by Napier City Council.

 
21. Signs and other displays require a separate licence before being placed on any footpath area. Please see our Footpath Signs Licence here.

 
22. Any supply of alcohol in the designated area requires an ON Licence and must meet the requirements of the Sale and Supply of Alcohol Act 2012. Any alcohol provided under an ON Licence must be via a waiter service (not a bar located in the space).

 
23. The Licence may be cancelled or suspended if there is a breach of the above conditions, or a breach of any statutory requirement or Bylaw.

 
24. The Licence may be terminated by either party by giving to the other one month’s notice in writing of their intention to do so.

 
25. In the event of an emergency Napier City Council reserves the right to suspend or cancel the permit.

 
26. Any dispute or difference arising between the parties which cannot be resolved by agreement shall be referred to the Chief Executive, Napier City Council whose decision shall be final and binding on both parties.






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