Agenda item

This report presents options for the Committee 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.

Members considered a report that presented options for the Committee 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. The Head Highway Access and Development detailed the report outlined the changes made in line with the law. The Chair explained that a number of items had been decided at budget stage.

In response to questions from Members, The Head Highway Access and Development and officers explained that:

·        The Highway Authority had the power to reduce the area of the pavement café if it was for a highway reason and there was not a notice period for that.

·        Café pavements on private land were not covered by the guidance and the authority would work with individual businesses to find a solution. Work on this was aimed to start in 2025.

·        There has to be a 3 metre wide corridor available on the carriageway/street for emergency services and for larger events any requirements to remove or reduce pavement cafes areas would be identified through the Safety Advisory Group (SAG).

·        The Highway Authority requests 2 metre wide footway on new developments where possible.

·        There is a requirement for a 3 metre wide corridor on the carriageway for emergency services access and a 1.5 metre available width for footways.

·        Business/trade applications for a pavement café to be licensed in areas where Blue Badge holders are allowed vehicular access are considered on a case by case basis.

·        The new legislation only covers furniture used by cafés. Other furniture such as A boards are covered under separate legislation (by the Highways Act).

·        The fees do not enable full cost recovery for the Council when the cost of administering the pavement café licensing process.

·        Advertising on outside barriers could not be considered under planning rules as they are temporary.

The Committee had the following options available to them in

making their decision:

Option 1:

1.   Note the legislative changes to the pavement café licensing regime and the budget decision made by Council in February 2024 (concerning the pavement café licence fees and licence duration under the permanent regime).

2.   Approve the following changes to the CYC local guidance:

a.        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).

b.        Applications to be treated as new licence applications (at the cost of £500/year) where there is a different licence holder, different premises and/or different terms.

c.        Update the guidance to state that where internal seating is provided, toilets should be available for customers but accepting that 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.

Option 2: the Committee could ask for a further review.

The Chair proposed Option 1. This was seconded by Cllr Cuthbertson. Following a vote with eleven Members voting in favour and one voting against, it was:

Resolved:

1.   That the Committee noted the legislative changes to the pavement café licensing regime and the budget decision made by Council in February 2024 (concerning the pavement café licence fees and licence duration under the permanent regime).

2.   That approval be given to the following changes to the CYC local guidance:

a.   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);

b.   Applications to be treated as new licence applications (at the cost of £500/year) where there is a different licence holder, different premises and/or different terms;

c.   Update the guidance to state that where internal seating is provided, toilets should be available for customers but accepting that 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;

Reasons:   To ensure that the Council’s pavement café licensing guidance is in line with the new legislation and to clarify some aspects of the guidance where required.

[Cllr Kilbane left the meeting at 6.12pm].