summer-terrace

---
name: summer-terrace
description: Produces one dated file for putting tables outside: which permission the ground actually needs, the pavement licence timetable worked backwards from the day you want tables out, the fee and the evidence to submit, the smoke free and no obstruction conditions designed in rather than retrofitted, whether alcohol may lawfully be sold there, the fire and heater questions, and what the terrace has to take to pay for itself. Use before you buy furniture, before a summer or bank holiday peak, or when a licensing officer or a neighbour has raised a question about your outside tables.
---

# Outside tables that are legal, safe and worth the money

You give this the address, a sketch of the ground with measurements, your premises licence and its plan, and what you intend to put out there. You get back one dated file: which permission regime applies to that ground, a timetable counted backwards from the date you want to trade, the application contents and the fee, the conditions your layout must satisfy before you buy anything, the alcohol question answered against your own licence plan, the fire and heater questions for your risk assessment, and the covers the terrace must take to cover its cost. It does not tell you that you are compliant, and it does not grant anything.

## What it does

1. **Establish which ground the tables sit on, and which nation you are in, before anything else.** The pavement licence regime under the Business and Planning Act 2020 applies to England only, including London, and does not cover Wales or Scotland. Within England the question is which surface. A public highway, typically the footway outside your front door, needs a pavement licence. Land you own or hold under your lease does not, but raises planning, licensing and lease questions instead. Council-owned land that is not highway is different again. Write the answer on the front page with the evidence, because every timetable and cost below follows from it and an owner working the wrong regime loses a month.

2. **Count the pavement licence timetable backwards from the day you want the tables out.** The public consultation period is "14 calendar days (excluding public holidays), starting the day after the application is sent electronically to the authority". The determination period is then "14 days beginning with the first day after the end of the public consultation period, excluding public holidays". If the authority runs out of time, "the licence is deemed to have been granted for two years", the deemed grant at section 3(9). Twenty eight days is the floor, public holidays push it out, and an application submitted the week before a bank holiday cannot lawfully be determined before it. Applying in March for May is comfortable. Applying in May for May is a hope.

3. **Budget the fee and gather the evidence, because an incomplete application restarts the clock.** The fee is capped at £500 for a first application and £350 for a renewal. The application must specify the premises, the part of the highway, what the furniture is for, the days and times, the type of furniture, and must include "evidence of public liability insurance in respect of anything to be done pursuant to the licence". There is also a site notice duty owners miss: the applicant must "affix a notice to the premises, so it is easily visible and legible to the public on the day they submit the application" and keep it up through the consultation. Where "the applicant did not comply", the authority may revoke the licence, which is a revocation for a piece of paper nobody put in the window.

4. **Design for the no obstruction condition and disabled access at the sketch stage, not after the furniture arrives.** Section 5 deems every pavement licence to carry a no obstruction condition, requiring that activities under it must not have an effect specified in section 3(6). Assessing that, section 3(7) requires the authority to "have regard in particular to the needs of disabled people, and the recommended distances required for access by disabled people as set out in guidance issued by the Secretary of State". So measure the footway and mark the through route physically, with a kerb, a planter line or a rail rather than with an intention. A route that survives only while nobody moves a chair will be complained about, by the person least able to get past.

5. **Build the smoke free seating condition into the layout from the first sketch.** Section 5 also deems in a condition that "where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must make reasonable provision for seating where smoking is not permitted". GOV.UK's guidance puts a figure on reasonable provision: businesses should provide "a minimum 2m distance between non-smoking and smoking areas, wherever possible". Two metres is a real amount of pavement. A terrace of six tables with two metres of separation is not a terrace of six tables, and finding that out after the furniture is bought is how venues end up ignoring a licence condition.

6. **Count the openings before you buy any cover, because a roof can turn your terrace into a smoke free place.** Regulation 2 of the Smoke-free (Premises and Enforcement) Regulations 2006 makes premises substantially enclosed where there is a ceiling or roof and the openings in the walls total less than half the wall area. Both traps are in the detail. A roof includes "any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning", so a gazebo counts. And "no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut", so roll down sides do not buy you the percentage. Measure both numbers before the structure goes up.

7. **Answer the alcohol question against your own premises licence plan, not against what feels obvious.** A premises licence authorises licensable activities only in the area shown on the plan attached to it. If the terrace is outside that area the routes are a variation or a temporary event notice. A TEN is genuinely short: fewer than 500 people at all times including staff, no more than 168 hours, notified at least 10 clear working days ahead or 5 for a late TEN, fee £21. The annual limits bite quickly: 5 a year for a person who is not a personal licence holder, 50 for one who is, and up to 15 per premises a year covering no more than 21 days. A terrace running every sunny weekend is a variation, not a stack of TENs.

8. **Write the outside area into the fire risk assessment, and treat heaters as the fire question they are.** Article 9 of the Regulatory Reform (Fire Safety) Order 2005 requires the responsible person to make "a suitable and sufficient assessment of the risks to which relevant persons are exposed", to review it on a modification to the premises, and to record the significant findings. Adding a structure, heaters and thirty covers to the front of the building is a modification. On heaters, the Health and Safety Executive states that "LPG is flammable and heavier than air so that it will settle and may accumulate in low spots such drains and basements. Here it could present a fire or explosion or suffocation hazard". So answer four questions in writing: where cylinders are stored, what is below and beside the heater, what the manufacturer's clearances are, and whether the structure is enclosed enough to hold gas.

9. **Price the terrace as its own small business, flag what is coming, and date the file.** Total the one off cost of furniture, barrier, cover, heaters, lighting and the licence fee, and the running cost of extra staff hours, the insurance uplift, cleaning, storage and heater fuel. Then state the covers per week the terrace must take, at your own average spend and gross margin, to clear both within the season. Add one dated line on what is coming: the Tobacco and Vapes Act 2026 received Royal Assent on 29 April 2026, and on 13 February 2026 the government launched "a consultation on proposals to extend existing indoor smoke-free places to certain outdoor settings". As at 16 September 2026 no such extension is in force. Date the file, because this is live policy and an undated file is trusted a year too long.

## Then it checks

1. The file names the nation, the ground the furniture sits on, the regime that follows from it and the evidence for that answer, with no page treating a private forecourt and a public footway as the same problem.
2. The timetable is counted backwards from a stated trading date, shows the consultation and determination periods separately, excludes public holidays, and states the deemed grant position.
3. The application contents match what the authority requires, the fee is named, and the file records who affixed the site notice and when.
4. The layout drawing shows a measured clear route with its width, how it is physically marked, and the measured separation between smoking and non smoking seating.
5. Where a cover is proposed, the wall area and the opening area are recorded as measured figures with the percentage worked out, and openings with fittings that open and shut are excluded.
6. The alcohol position names whether the terrace is inside the premises licence plan and the route if it is not, and no part of the file states that the venue is compliant, that a licence will be granted or that any structure is safe.

Any check fails: name it, redo that step once. Failed twice: say what is wrong and stop.

## Rules
- Public information only.
- Never invent a fact, a number or a quote.
- Anything sent in someone's name says whose name it is. An application or a letter to a licensing officer goes out under the owner's name and goes to them first.
- Never tell an owner they are compliant, that a licence will be granted, that a structure is not substantially enclosed, or that a heater installation is safe. Those are decisions for the local authority, the fire authority and a competent engineer, and an owner told "you are fine" by a document stops asking the people who could actually tell them.
- Never assume the pavement licence regime applies outside England. Write which nation the requirements came from, and where the venue is in Wales, Scotland or Northern Ireland, say the regime does not apply and the position must be checked with that local authority.
- Refuse to write a timetable that puts furniture on a public highway before a licence is granted or deemed granted, however tight the dates. The correct output is the earliest lawful date plus the trading days missed, not an earlier date with a warning attached.
- Never treat a neighbour's silence or an officer's informal encouragement as permission. An unanswered question stays on the missing list with the date it was asked.
- Never carry a rule forward from a previous version of this file without re-reading the source. Pavement licensing was amended with effect from 31 March 2024 and outdoor smoke free rules are under consultation, so a quote right in spring can be wrong by autumn.
- This output is a working document prepared for the owner's local authority licensing team, fire risk assessor, insurer and solicitor to check before it is relied on. It gathers published requirements, records what the venue holds and names the gaps. It is not legal advice and it does not certify compliance with anything.

## Built from
- GOV.UK, "Pavement licences: guidance", https://www.gov.uk/government/publications/pavement-licences-guidance/pavement-licences-guidance, published 2 April 2024, read 16 September 2026: the England only scope in step 1, the two 14 day periods and the deemed grant in step 2, the fee caps, insurance evidence and site notice duty in step 3, and the 2 metre figure in step 5.
- Business and Planning Act 2020, section 3, https://www.legislation.gov.uk/ukpga/2020/16/section/3, amended with effect from 31 March 2024, read 16 September 2026: the determination period, the deemed grant at subsection (9) and the subsection (7) duty on the needs of disabled people, in steps 2 and 4.
- Business and Planning Act 2020, section 5, https://www.legislation.gov.uk/ukpga/2020/16/section/5, read 16 September 2026: the deemed no obstruction condition in step 4 and the verbatim smoke free seating condition in step 5.
- The Smoke-free (Premises and Enforcement) Regulations 2006, regulation 2, https://www.legislation.gov.uk/uksi/2006/3368/regulation/2/made, read 16 September 2026: enclosed and substantially enclosed, the half of the wall area test, the exclusion of openings with fittings that open and shut, and the canvas awning roof, in step 6.
- GOV.UK, "Temporary Events Notice", https://www.gov.uk/temporary-events-notice, no publication date shown on the page, read 16 September 2026: the 500 person limit, the 168 hours, the 10 and 5 clear working day notice periods, the £21 fee and the annual limits in step 7.
- Licensing Act 2003, section 100, https://www.legislation.gov.uk/ukpga/2003/17/section/100, the 168 hour period substituted with effect from 25 April 2012, read 16 September 2026: the statutory basis for the figures in step 7.
- The Regulatory Reform (Fire Safety) Order 2005, article 9, https://www.legislation.gov.uk/uksi/2005/1541/article/9, recording duty amended with effect from 1 October 2023, read 16 September 2026: the risk assessment, the review on modification and the recording duty in step 8.
- Health and Safety Executive, "About liquefied petroleum gas (LPG)", https://www.hse.gov.uk/gas/lpg/about.htm, no publication date shown on the page, read 16 September 2026: LPG heavier than air accumulating in low spots, and the added odorant, behind the heater questions in step 8.
- GOV.UK, "Tobacco and Vapes Bill becomes law", https://www.gov.uk/government/news/tobacco-and-vapes-bill-becomes-law, published 29 April 2026, read 16 September 2026: the Royal Assent date and the 13 February 2026 outdoor smoke free consultation, recorded in step 9 as not in force as at 16 September 2026.

# summer-terrace

## You are given
The address of one UK hospitality business, the nation it is in, and the classification of the ground the furniture will occupy, already judged by Claude as exactly one of `public highway`, `own or demised land`, `other land in third party ownership`. A measured survey of that ground: total width and length in metres, the width of the proposed clear through route, the position of any kerb, tree, lamp column, bin, cellar drop or utility cover, and the wall and opening areas in square metres of any proposed cover. The furniture schedule with, per item, its type, footprint, quantity, unit cost and whether it is seating for consuming food or drink. The premises licence with its licensed area, and whether the terrace falls inside it, already judged. The target first trading date. The local authority and its published fee if it differs from the cap. The documents the owner holds with issue and expiry dates: public liability insurance, the fire risk assessment, any gas engineer report and any structure certificate. The heater schedule with fuel type, position and the manufacturer's clearances. The venue's average spend, gross margin percentage and season length in weeks. You do not classify land and you do not interpret a licence plan.

## Produce
Write into a `./summer-terrace-output/` folder:

1. `permission-route.csv` with these columns in this order: `ground_classification`, `nation`, `regime_named`, `regime_applies`, `body_to_apply_to`, `fee_gbp`, `fee_source`, `evidence_of_classification`. One row. `regime_applies` is `yes` only where `ground_classification` is `public highway` and `nation` is England. Any other combination is written with `regime_applies` of `no` and listed in `gaps.md` as needing the local authority position.
2. `timetable.csv` with columns: `step`, `description`, `calendar_days`, `public_holidays_excluded`, `earliest_date`, `latest_date`, `owner_name`. Steps in this order and no others: `application submitted`, `site notice affixed`, `public consultation period`, `determination period`, `grant or deemed grant`, `earliest lawful trading date`. Dates counted both backwards from the target trading date and forwards from today. Where the earliest lawful date falls after the target, the shortfall in days is listed in `gaps.md`.
3. `layout-check.csv` with columns: `measurement`, `measured_value_m`, `unit`, `requirement_named`, `source_of_requirement`, `meets_requirement`, `shortfall_m`. Rows for at least: total footway width, clear through route width, distance between smoking and non smoking seating, and the footprint of every furniture item against available area. `meets_requirement` is `yes`, `no` or `not determined`. Every `no` and every `not determined` is listed in `gaps.md`.
4. `enclosure-calculation.csv` with columns: `structure_name`, `has_roof`, `roof_type`, `total_wall_area_sqm`, `opening_area_sqm`, `openings_with_doors_or_fittings_excluded_sqm`, `countable_opening_area_sqm`, `opening_percentage`, `substantially_enclosed`, one row per proposed structure. `substantially_enclosed` is `yes` where `has_roof` is `yes` and `opening_percentage` is below 50. Openings with doors, windows or other fittings that can be opened or shut are excluded from `countable_opening_area_sqm`. Where a measurement is missing, leave the derived columns empty and list it in `gaps.md`.
5. `alcohol-position.md` recording whether the terrace is inside the licensed area exactly as supplied, and where it is not, the two routes with their figures: a premises licence variation, and a temporary event notice with the 500 person limit, the 168 hour maximum, the 10 and 5 clear working day notice periods, the £21 fee and the annual limits. Where the supplied summer plan exceeds any TEN limit, the excess is stated as a number and listed in `gaps.md`.
6. `fire-and-heaters.csv` with columns: `item`, `fuel_type`, `position`, `what_is_below`, `what_is_within_clearance`, `manufacturer_clearance_m`, `cylinder_storage_location`, `enclosed_structure_present`, `question_for_assessor`. One row per heater plus one for the structure. `question_for_assessor` is the written question, never an answer. Every row with an empty `cylinder_storage_location` is listed in `gaps.md`.
7. `terrace-economics.csv` with columns: `cost_line`, `cost_type`, `amount_gbp`, `frequency`, `season_total_gbp`. `cost_type` is exactly one of `one off`, `running`. Include `TOTAL_ONE_OFF`, `TOTAL_RUNNING` and `BREAK_EVEN_COVERS_PER_WEEK` rows, the last computed from the supplied average spend, gross margin percentage and season length.
8. `document-register.csv` with columns: `document`, `held`, `issue_date`, `expiry_date`, `issuer_name`, `where_held`, `who_chases`, `expires_before_season_ends`. Rows for at least public liability insurance, the fire risk assessment, any gas engineer report and any structure certificate. `held` is `yes` or `no`. Every `no`, and every row expiring before the season ends, is listed in `gaps.md`.
9. `gaps.md` as a numbered list of: a ground classification outside the England public highway regime; an earliest lawful trading date after the target; any layout measurement failing or not determined; any structure with an incomplete enclosure calculation; any TEN limit exceeded; any heater with no cylinder storage location; any document not held or expiring mid season; any unanswered question sent to the local authority or fire assessor with the date it was sent; and any figure that could not be computed because an input was missing.

## Rules
- Codex measures, counts, computes and records. It never classifies land, never interprets a licence plan, never decides whether a structure is substantially enclosed as a matter of law, never answers a question put to an assessor, and never states that anything complies.
- Never write `meets_requirement` as `yes` for a measurement that was estimated rather than measured. Where a survey figure is absent, write `not determined` and list it in `gaps.md`.
- Never compute an enclosure percentage that counts an opening containing a door, window or other fitting that can be opened or shut. Those areas are excluded, and the excluded figure is reported in its own column so the arithmetic can be checked.
- Never produce a timetable that places furniture on a public highway before the grant or deemed grant date. Where the target is earlier, write the earliest lawful date, state the shortfall in days and the trading days lost, and list it in `gaps.md`. Do not write the earlier date with a note.
- Never treat an unanswered question as an approval. A question sent to the local authority, the freeholder or the insurer stays in `gaps.md` with the date it was sent until a written answer is supplied.
- Never write a benchmark covers figure, an average terrace spend or an industry return on a terrace investment. No such published figure exists for one independent venue, and the break even figure comes from the venue's own supplied average spend and margin or not at all.
- Never submit an application, pay a fee, email a licensing authority or publish anything. These files are drafts for the owner.
- Record every requirement with its source in `source_of_requirement`, naming the instrument or guidance page, so the figure can be checked against the original.
- Use British English, GBP, DD Month YYYY dates, metres and square metres. No em dashes in any file you write, and any supplied text containing one is recorded verbatim and flagged in `gaps.md`.
- Every file ends with this line: this is a working document prepared for the owner's local authority licensing team, fire risk assessor, insurer and solicitor to check before it is relied on. It is not legal advice, it is not a licensing decision and it does not certify compliance with anything.

## Return
The absolute path of each file written, the row count of each CSV, the regime named and whether it applies, the earliest lawful trading date and the shortfall in days against the target with the trading days lost, the count of layout measurements failing or not determined, the opening percentage and enclosure result for each structure, whether the terrace sits inside the licensed area and which alcohol route was recorded, any TEN limit exceeded and by how much, the total one off and running costs, the break even covers per week, the documents not held or expiring mid season, and the `gaps.md` item count.