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									                                 FALKIRK COUNCIL
                              DEVELOPMENT SERVICES

 Application for Road Occupation(Commercial) Permit to place good or services
                         on any part of the public road

Notes for Guidance of Applicant

Under Section 59 of the Roads (Scotland) Act 1984, it is an offence to place anything
which causes an obstruction on part of any road, without the permission of the Roads
Authority. It should be noted that the term "Road" encompasses the carriageway,
footway or verges of any road and includes public footpaths and cycle tracks.

A relevant drawing of the proposed occupation location and copy of the relevant public
liability insurance certificate must be submitted together with the necessary application
form to the Director of Development Services, Roads Services, Earls Road,
Grangemouth, FK3 8XD. Telephone enquires 01324 504600.

This application must be made at least fourteen days in advance of the proposed
date of commercial occupation.
If this application is associated with the sale of alcohol the commercial occupation
permit will not be granted until the appropriate licence has been granted. For further
information on Licensing please contact Development Services, Licensing Section,
Abbotsford House, Davids Loan Falkirk, FK2 7YZ. Telephone enquiries 01324 504950.

Check List
1. Have you read and understood all the notes?
2. Have you completed the whole application form?
3. Have you included all drawings and insurance certification?
4. Have you included the appropriate fee?
5. Any enquiries please phone Falkirk (01324) 504600.


This permission, if granted, does not relieve the applicant of their duties to comply with
any other enactments.

The following conditions will normally apply to any permission that may be granted:-

General Conditions, Guidance and Fees

See Appendix 1 overleaf.

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                                   FALKIRK COUNCIL

Guidance & Conditions

1. Applications should be submitted in writing, to the Director of Development Services, Roads
   Services, Earls Road Grangemouth FK3 8XD outlining the purpose of the application.
   Consultation will be carried out with other Services to ascertain if there are any associated issues
   e.g. Licensing, Planning, & Cleansing etc. requirements.

2. Consents will be valid for one year or part thereof. All consents will expire at midnight on 31st
   December each year.

3. Applications will only be considered for footways or pedestrianised areas where the proposed
   commercial use is ancillary to the applicant’s main business.

    With the exception of applications for Street Cafes in fully pedestrianised areas applications will
    only be considered immediately adjacent to the associated premises.

4. Areas of footway will require to be surveyed to determine the most appropriate area for
   occupation: different criteria will be considered appropriate for fully pedestrianised precincts,
   shared-use surfaces, traditional footways.

    As a general rule there should be a minimum passage for pedestrians remaining of 1.8 metres
    which can be varied by +/- 0.5 metres depending on local conditions, as determined by the
    Council. Where the remaining footway is substantial the occupation may be restricted in
    proportion to the frontage width of the application site, as determined by the Council.

5. For street cafes, the consent holder must provide suitable barriers to delineate the area of
   occupation and to separate the area from pedestrians. These should be of solid construction, as a
   minimum having two rails set at 100mm & 900mm above ground level, in a colour to be agreed
   with the Council.

    Permanent or semi-permanent barriers may be considered appropriate at suitable locations.

    For the display of goods, clear boundary delineation is required, capable of providing a clear
    warning of the obstruction to pedestrians. The barrier must be approved by the Council and
    should be solid in appearance and suitably coloured for clear visibility to all pedestrians.

6. Occupation of the footway may be restricted to certain times, dependant on the use and needs as
   determined by the Council, having regard to Traffic orders, local use and residential amenity.

7. The area of the occupation shall be cleaned and tidied on a daily basis as a minimum. Road
   drainage systems shall not be utilised for this purpose except for footway washing water which
   must be completely free of any solids (litter or foodstuffs).

8. Any furniture to be used must be suitable for the purpose and approved by the Council.

9. No permanent fixings, which may present a safety hazard to pedestrians, are to be placed on the
   footway at any time.

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10. All furniture or goods included in the occupation shall be removed daily.

11. Fire exits are to be kept clear at all times.

12. Street Cafes will have table service only. No amplified music will be permitted.

13. The display of vehicles on public footways will not be permitted.

14. Occupation of the road by signs, of any type, will not be permitted.

15. The consent, including a plan of the area, shall be displayed in an outside window for inspection
    purposes in a position where it can be easily read.

16. A charge for site inspection shall be included as part of the application fee. Unsuccessful
    applicants will have the consent & inspection portions of the fee returned.

17. If Planning Permission, a Licence or any other form of Certification is deemed necessary, the
    applicant will be advised. A separate application should be made to the relevant Council service
    accompanied by the appropriate fee.

18. Road Occupation permits will only be granted upon written verification that suitable third party
    insurance against personal injury to the public and their property is held for the commercial use.

19. The permit holder will indemnify the Council against any actions, claims, demands, costs,
    charges, losses and expenses of whatever kind which may be attributable to the occupation. The
    minimum indemnity cover will be £5M

20. Breaches of Section 59 of the Roads (Scotland) Act 1984 will be addressed by the issue of a
    formal notice giving a suitable period for the obstructing material to be removed. In the event of
    continued obstructions the material will be removed and a reasonable charge will be made for
    removal and storage.

21. Access to any public utility plant or roads apparatus must be made available when required.
    Access to fire hydrants shall be readily available at all times and associated signage clearly visible
    at all times.

22. The consent may be suspended subject to an appropriate period of notice if public utility works,
    road works or works associated with any adjacent infrastructure are required.

23. The Council, Chief Constable or Fire Master can suspend or terminate the consent at any time,
    without notice, should the occupation endanger the public or be the cause of disorder.

24. Contravention of any of the above conditions & guidelines may lead to suspension of
    permission and recovery of any costs incurred by the Council.

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                                    Fees and Charges

      New Application (non refundable)                         £25
      Issue of Consent & Inspection                            £60
      TOTAL                                                    £85
      (2 separate cheques for the amounts shown)

      Renewal Application (annual)                             £50

      Charge for uplifting and storage of unauthorised Items   £50

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                            FALKIRK COUNCIL                                                FOR OFFICIAL USE

                                                                                     Ref. No.: ____________________
                        DEVELOPMENT SERVICES                                         Received: ___________________
                            Roads Services                                           Granted: __________________
               ROADS (SCOTLAND) ACT 1984 SECTION 59

Application for Road Occupation(Commercial) Permit

To: Director of Development Services
           Falkirk Council
           Roads Services
           Earls Road
           GRANGEMOUTH FK3 8XD                                                       Notes:
I/We ___________________________________________________________                     Insert full name and address of
                                                                                     applicant(s) and telephone no.

                                       Telephone No.
Apply under Section 59 of the Roads (Scotland) Act 1984 for a Road Occupation
(Commercial) Permit.
                                                                                     Delete if not appropriate.
     To occupy the road /footway temporarily for the display of goods /provision
     of service associated with the premises.

at    ____________________________________________________________                   State name of road and location
                                                                                     (where new road give name of
      ____________________________________________________________                   nearest adjacent road).
                                                                                     Insert dates. Insert daily times.
from_________ to _________         Times of Occupation ___________________           Max. period 1 year (Jan. to Dec.)
Reason for Occupation _____________________________________
                                                                                     Enter reason eg. Display of
                                                                                     goods, street café, etc
 All as shown on Plan No(s). ________________________________________
                                                                                     Enter date and Drawing No(s)
3 copies of which are included
                                                                                     Enclose a copy of Insurance
Insurance Certificate No. _______________________________________
                                                                                     Certificate and schedule of cover.
(copy enclosed)
                                                                                     Delete as appropriate
This occupation will/will not involve the sale of alcohol.                           Delete as appropriate

This occupation is/is not in connection with a planning permission.
If permission has been granted for either of the above please provide the            Enter References and dates

relevant references and dates : ______________________________________

Signature of Applicant:______________________________                              Date____________________

Note: Any Road Occupation (Commercial) Permit granted in respect of this application will cover
approval under the Roads (Scotland) Act 1984 Section 59 only and will not exempt the applicant from
obtaining any other permission which may be required, for example permission under the Town and
Country Planning (Scotland) Acts or the Licensing (Scotland) Act 1976.

This form must be submitted 14 days in advance of the required date. Submission of this
application gives no authority for anything to be placed on the road. Applicant must be in
possession of the necessary written permission.

USE ONLY         Payment Received - £_________ CASH / CHEQUE Cheque No. __________________

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