These terms and conditions form part of the trial cable channel licence and, if issued, gives you consent to run the private EV charging cable through the public highway using an EV cable channel.
Please note that details within square brackets […] will be updated with the correct option or information within any final licence agreement depending on the location of the Licensee’s property and in accordance with details provided at the time of application.
Parties
(1) [DEVON COUNTY COUNCIL of County Hall Topsham Road Exeter EX2 4QD (Council)] or [TORBAY COUNCIL Town Hall Castle Circus Torquay TQ1 3DR (Council)]
(2) [NAME AS PER APPLICATION] of [ADDRESS AS PER APPLICATION] (Licensee)
Background
(a) The Council is the Highway Authority for the area in which the Licensee’s Property is located.
(b) The Licensee has indicated their wish to participate in the Electric Vehicle (EV) Cable Channel Trial.
(c) The Council has agreed to install an EV Cable Channel outside the Licensee’s Property.
(d) It has been agreed that on the terms and subject to the conditions in this licence, the Council will allow the Licensee use of the EV Cable Channel.
(e) This Agreement is made under s178 of the Highways Act 1980, s111 of the Local Government Act 1972 and all other enabling powers.
1. Interpretation
The following definitions apply in this licence:
1.1 Definitions
- The Licensee’s Property: [ADDRESS AS PER APPLICATION]
- EV: an electric vehicle
- EV Cable Channel: a channel installed in the highway by the Council for the temporary routing of an EV Charging Cable
- EV Charging Cable: a cable connected to an EV Charger and used to charge an EV.
- EV Charger: the unit installed on the Licensee’s Property and used to charge an EV.
2. Licence to Use the Electric Vehicle Cable Channel
In consideration of:
(a) £1.00 paid by the Licensee to the Council (the receipt of which is acknowledged); and
(b) the obligations on the Licensee contained in this licence
the Council grants a licence to the Licensee and their visitors to use the EV Cable Channel by laying an EV Charging Cable from the Licensee’s Property through the EV Cable Channel to an EV for the purposes of charging an EV.
The benefit of this licence is personal to the Licensee and not assignable.
3. Licence Period
This licence commences on the date of this agreement and terminates on the earlier of:
(a) 31 January 2027.
(b) Immediately on notice from the Council to the Licensee if the Council has any safety concerns regarding the EV Cable Channel or the EV Charging Cable or EV Charger or the Licensee’s use of the same.
(c) The expiry of not less than 4 weeks’ notice given by the Council to the Licensee or by the Licensee to the Council.
(d) The expiry of any notice given by the Council to the Licensee at any time on breach of any of the Licensee’s obligations contained in this Licence.
(e) Immediately on the Licensee parting with his or her interest in the Licensee’s Property.
The rights given by this Licence may be suspended during any period when the Council or any public utility company are carrying out works in the vicinity of the EV Cable Channel.
4. Licensee’s obligations
4.1 The Licensee shall:
(a) be responsible for acquiring and installing all equipment required for the charging of an EV (save for the EV Cable Channel) including the EV Charger and associated cables
(b) ensure that the installation of the EV Charger meets all planning requirements
(c) ensure that all permissions necessary for the installation of the EV Charger are obtained including those from any landlord of the Licensee’s property
(d) ensure that at all times the EV charger meets all legislative requirements applicable to it from time to time and all electrical safety guidelines applicable to it from time to time
(e) ensure that the cable used in the EV Cable Channel is coming from:
(i) a power supply with a local earth spike; or
(ii) a device with a PME-aware PEN fault detection and protection device that can isolate all three conductors in any fault condition such as recent smart chargers equipped with O-PEN protection
(f) not charge an EV within 2.5 meters of another EV on charge
(g) ensure that electric vehicles are only charged from the Licensee’s Property if the EV Cable Channel is used in compliance with this agreement each time a vehicle is charged
(h) not authorise any other person to use the EV Cable Channel except the Licensee’s invitees to the Licensee’s Property
(i) ensure, or shall ensure that users of the EV Cable Channel ensure, that the lid of the EV Cable Channel is flat and flush before, during, and after charging a vehicle
(j) ensure, or shall ensure that users of the EV Cable Channel ensure that while charging an EV, disruption to the highway shall be minimised and no obstruction to highway users is caused
(k) ensure, or shall ensure that users of the EV Cable Channel ensure, that there is no loose cable along the public highway (including any road, footway and verge) that could cause a trip hazard to pedestrians on the public highway, by making sure the EV Charging Cable is safely stored within the EV Cable Channel
(l) ensure that the Charging Cable is removed from the EV Cable Channel when charging is complete, and that the EV Charging Cable is not left in the channel for any longer than is necessary to charge the vehicle.
(m) regularly inspect the EV Cable Channel to:
(i) ensure that it remains in good working order and the lid is correctly in the closed position
(ii) remove any leaves, stones and other debris that may have built up in the EV Cable Channel
(n) report any issues or defects with the EV Cable Channel to the Council as soon as reasonably practicable upon becoming aware of any such issues and shall not use the EV Cable Channel whilst it is defective.
(o) give notice to the Council care of [Devon County Council Highways, PO Box 968, Exeter, EX1 9DQ, or email csc.roads@devon.gov.uk, marked for the attention of Electric Vehicle Infrastructure Team] or [SWISCo, Aspen Way, Paignton, Devon, TQ4 7QR, or email highways@torbay.gov.uk, marked for the attention of Highways – Assets & Traffic], if the Licensee parts with his or her interest in the Licensee’s Property.
4.2 This Licence does not give the Licensee the right to reserve a public parking space on the public highway. The Licensee shall not place any ‘EV charging’ signs or obstructions (or similar) on or adjacent to the public highway.
4.3 The Licensee shall
(a) Indemnify the Council against all liabilities, costs, expenses, damages, losses and claims incurred or suffered by the Council arising out of or in connection with this licence, any breach of the Licensee’s undertakings in this licence, the exercise of any rights given by this licence or the enforcement of this agreement. Such indemnity shall include but is not limited to any claim in respect of injury, damage loss or any third-party claim related to the use of the EV Cable Channel.
(b) In order to effect the indemnity given at 4.3(a), maintain public liability insurance in a minimum sum of £5,000,000 in respect of one single claim.