Agenda item

The Director of Transport, Environment & Planning to present a report which proposes changes to City of York Council’s pavement café licensing guidance and process, following the completion of a review of the current licensing guidance, as approved by Executive on 28 July 2022.

[See also Item 17]

Resolved:  (i)      That the Access Consultants’ work in Pavement Café Licenses contained in Annex A be noted.

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (ii)      That approval be given to provide information about pavement cafés on the council’s website, for users who want to plan in advance.         

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (iii)     That a regular panel be set up for York groups and communities to provide feedback on their lived experience of pavement cafés in York.

Reason:     To enable groups and communities to provide feedback in a suitable format and timescales (as the consultation process under the Business and Planning Act is very short) and to enable lived experience to inform licence reviews or enforcement action where required.

[See also under Part B]

The Director of Transport, Environment & Planning presented a report which proposed changes to City of York Council’s pavement café licensing guidance and process, following the completion of a review of the current licensing guidance, as approved by Executive on 28 July 2022 (Minute 19 of that meeting refers). 

The current guidance had been implemented under emergency government legislation in response to Covid, enabling pavement café areas to be licensed to cover the whole pavement in some streets where traffic was restricted. While beneficial to businesses, this had had an impact on access.  Independent consultants Mima had been appointed in September to identify and review these issues.  Their report, produced after consultation with the disabled community, was attached at Annex A.  Options for the Executive in respect of pavement café location (Theme 1), updating the guidance document (Theme 2) and counter-terrorism training (Theme 3) were set out in paragraphs 33-35 of the officer report. Options not recommended are summarised briefly below:

·        Option 1b) – allow pavement cafes to take the whole footway in certain footstreets in pedestrianised hours.

·        Option 1c) – as above, but with temporary ramps.

·        Option 1d) – no long-term use of parking bays for pavement café licences.

·         Option 3a) – provision of additional information on the Protect Duty and its implications for licence holders and staff.

A letter summarising the options proposed had been sent to all pavement café licence holders and business groups on 9 and 10 November, inviting them to provide feedback.  Officers reported that they had received responses from 10 businesses to date, mostly in support of option 1b), and confirmed that they would collate any further responses received and inform Members before the Full Council meeting on 15 December.

In response to matters raised under Public Participation, officers confirmed that enforcement, and helping businesses to comply with licensing conditions, was a priority.  The Executive Members for Economy & Strategic Planning and Transport having spoken in support of the recommended options, it was

Resolved:  (i)      That the Access Consultants’ work in Pavement Café Licenses contained in Annex A be noted.

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (ii)      That approval be given to provide information about pavement cafés on the council’s website, for users who want to plan in advance.          

Reason:     This is the context for the proposed changes to the way in which pavement cafés will be licensed.

                   (iii)     That a regular panel be set up for York groups and communities to provide feedback on their lived experience of pavement cafés in York.

Reason:     To enable groups and communities to provide feedback in a suitable format and timescales (as the consultation process under the Business and Planning Act is very short) and to enable lived experience to inform licence reviews or enforcement action where required.