Agenda item

This report presents options to review the Council’s pavement café licensing process and guidance following the commencement of the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023.

Resolved:          That recommendations a) to d) from paragraph 17 of the report be approved, viz.

a)          That legislative changes to the pavement café licensing regime and the budget decision made by Full Council in February 2024 (concerning the pavement café licence fees and licence duration under the permanent regime) be noted;

b)          That the following changes be made to the CYC local guidance, for approval by the Licensing Committee:

                                                               i.    Continue to implement the local guidance where a minimum available width of 1.5m is generally required on footways (with an exception for level surface streets in the footstreets area, where cafes can be licensed to occupy the full width of a footway during pedestrianised hours);

                                                              ii.    Applications to be treated as new licence applications (£500) where there is a different licence holder, different premises and/or different terms;

                                                             iii.   Update the guidance to state that where internal seating is provided, toilets should be available for customers. Exceptions can be made for premises which serve drinks and food as take away premises, without internal seating and without the ability to provide customer toilets;

c)           That officers will work with businesses to regularise their situation, where cafes and/or other structures have historically been used/built in areas of privately maintained highways without a licence (or without a stopping up order). Where a pavement café has been in use historically and a licence can be issued for the area, the renewal fee will be applied.

d)          That concerns raised by the submitted petition are noted, but the request be declined to reinstate pavement cafes on the corridors where Blue Badge vehicular access is permitted and where the highway space is required for Blue Badge vehicles to access safely and park, as this would conflict with Blue Badge holders’ access requirements.

Reason:              Recommendations a) and b) ensure that the Council’s pavement café licensing guidance is in line with the new legislation and clarifies aspects of the guidance where required.

                             Recommendation c) regularises furniture and structures which have historically been used/built in privately maintained highway areas so that all businesses are treated consistently and in line with the permanent pavement café licensing regime, as well as ensuring that furniture and other objects placed in the highway do not cause an obstruction or hazard to pedestrians and that pavement cafes are set out according to the Council’s guidance to retain the required highway widths for people to be able to walk past, including people using mobility aids and pushchairs.

Recommendation d) ensures that Blue Badge holders can safely access the footstreets using the two designated corridors and that pedestrians on the corridors where Blue Badge access is permitted are able to use the footways to enable authorised vehicles to get past safely.

The Executive Member considered a report presented by the Head of Highway Access and Development and Director of Transport, Environment and Planning.

The report presented options to address the issue of pavement cafés operating on privately maintained highways following the commencement of the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023.

The report also acknowledged and considered options to address the concerns raised by a petition titled “Support Outdoor Dining in York”, which was presented to Full Council on 21 March 2024 signed by 282 people supporting a review of how pavement cafes can operate in the city centre following the changes to pavement café licences made in areas of the city centre where Blue Badge vehicular access has been reinstated.

The Executive Member confirmed that consistency and fairness in treatment of businesses, and a regularization of the councils position were required.

The Executive Member recognised comments raised by ward councillors and suggested work be undertaken in accordance with recommendation c) to work with local businesses, providing advice to increase awareness of changes and the impact this will have on them.

The Executive Member expressed sympathy for the needs of businesses as expressed via the petition and in public participation, stating that there was a continually evolving picture which would continue to be reviewed as part of the council’s Movement and Place both in the city centre and in suburban areas. She clarified that it was vital to balance the needs of local businesses with accessibility requirements of blue badge drivers and wheelchair users.

The Executive Member stated her preference to license commercial activity on the vehicular part of a highway and not the footpath part of a highway in accordance with the council’s transport hierarchy.

Resolved:            That recommendations a) to d) from paragraph 17 of the report be approved, viz.

a)          That legislative changes to the pavement café licensing regime and the budget decision made by Full Council in February 2024 (concerning the pavement café licence fees and licence duration under the permanent regime) be noted;

b)          That the following changes be made to the CYC local guidance, for approval by the Licensing Committee:

                                                                      i.    Continue to implement the local guidance where a minimum available width of 1.5m is generally required on footways (with an exception for level surface streets in the footstreets area, where cafes can be licensed to occupy the full width of a footway during pedestrianised hours);

                                                                    ii.    Applications to be treated as new licence applications (£500) where there is a different licence holder, different premises and/or different terms;

                                                                   iii.   Update the guidance to state that where internal seating is provided, toilets should be available for customers. Exceptions can be made for premises which serve drinks and food as take away premises, without internal seating and without the ability to provide customer toilets;

c)           That officers will work with businesses to regularise their situation, where cafes and/or other structures have historically been used/built in areas of privately maintained highways without a licence (or without a stopping up order). Where a pavement café has been in use historically and a licence can be issued for the area, the renewal fee will be applied.

d)          That concerns raised by the submitted petition are noted, but the request be declined to reinstate pavement cafes on the corridors where Blue Badge vehicular access is permitted and where the highway space is required for Blue Badge vehicles to access safely and park, as this would conflict with Blue Badge holders’ access requirements.

Reason:              Recommendations a) and b) ensure that the Council’s pavement café licensing guidance is in line with the new legislation and clarifies aspects of the guidance where required.

                             Recommendation c) regularises furniture and structures which have historically been used/built in privately maintained highway areas so that all businesses are treated consistently and in line with the permanent pavement café licensing regime, as well as ensuring that furniture and other objects placed in the highway do not cause an obstruction or hazard to pedestrians and that pavement cafes are set out according to the Council’s guidance to retain the required highway widths for people to be able to walk past, including people using mobility aids and pushchairs.

Recommendation d) ensures that Blue Badge holders can safely access the footstreets using the two designated corridors and that pedestrians on the corridors where Blue Badge access is permitted are able to use the footways to enable authorised vehicles to get past safely.