Agenda item

The Committee considered the following report:

 

“1.0     Purpose of Report/Summary of Main Issues

 

1.1       This report is to enable Members to determine the standard conditions considered appropriate to attach to licences issued under the Licensing of Pavement Cafés Act (NI) 2014.

 

2.0       Recommendations

 

2.1       The Committee is requested to consider the proposed standard conditions of licence to be attached to Pavement Café Licences, as outlined in the attached appendix, and agree that:

 

 

1)     they be adopted, or

2)     they be adopted in accordance with any amendments deemed necessary, and

3)     that a condition prohibiting the consumption of alcohol when using furniture on the area covered by the licence will only be attached to that licence if:

 

                                                         i.          representations are received that the consumption of intoxicating liquor when using furniture on the area covered by the Pavement Café Licence would be likely to result in disorder, and

                                                       ii.          after consideration by the Committee it is determined that the condition is attached to that specific licence, or

                                                      iii.          if the premises specified in the licence are premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(b) of that Order (i.e. off-licences).

 

2.2       As these decisions are not a delegated function of the Licensing Committee, any decision will be subject to ratification by Council.

 

3.0       Main Report

 

            Key Issues

 

3.1       The Licensing of Pavement Cafés Act (NI) 2014 (‘the Act’) came into operation on 1st October, 2016.

 

3.2       The legislation makes provision for the regulation by district councils of the placing in public areas of furniture for use for the consumption of food or drink.

 

3.3      DSD, now the Department for Communities, when introducing the Act, stated that its aim was to create ‘light touch’ legislation aimed at encouraging the creation of a café culture.

 

            General Conditions of a Licence

 

3.4       The Act requires that a Pavement Café Licence must include a condition requiring temporary furniture not to be placed on any public area other than the area covered by the licence.

 

3.5       The Act also permits that a council may specify in a Pavement Café Licence such other conditions as it considers reasonable, and these may in particular include conditions –

 

                                               i.          limiting the furniture which may be placed on the area covered by the licence by reference to the kind, amount, size or nature of the furniture;

                                             ii.          limiting the days or times when the furniture may be on that area;

                                            iii.          for ensuring that adequate arrangements are made for storing the furniture when not on that area;

                                            iv.          regulating the arrangements for payment to the council of fees;

                                             v.          for ensuring that such insurances and indemnities as may be specified in the licence are put in place;

                                            vi.          requiring the council to be notified of such matters as may be specified in the licence;

                                          vii.          requiring the surrender of any other pavement café licence in respect of the premises.

 

3.6       Members are asked to consider the proposed standard conditions set out in the attached appendix and determine if you wish to adopt these as the standard conditions of licence which will be attached to Pavement Café Licences in Belfast, under the Licensing of Pavement Cafés Act (NI) 2014.

 

            Conditions Regarding the Consumption of Alcohol in a Pavement Cafe

 

3.7       If the Council grants a Pavement Café Licence, then the bye-laws prohibiting the consumption of alcohol do not apply to the area which is licensed. The Council may, however, include a condition prohibiting the consumption of alcohol at a pavement café, if it is satisfied that permitting persons to consume intoxicating liquor in the area covered by the Pavement Café Licence would be likely to result in disorder.  If the Pavement Café Licence is one which has been granted to off-sales premises, the Council must impose a condition prohibiting persons from consuming intoxicating liquor in the area covered by the licence.

 

3.8       If Members decide that there should be a standard condition prohibiting the consumption of alcohol on all licences, then all bars, hotels and restaurants which apply for a Pavement Café Licence will have to come before Committee to seek the removal of the condition (assuming they wish to serve alcohol in their pavement café).

 

3.9       In order to keep the impact of the Act on licensees to a minimum, to process applications in a timely fashion and to reduce the administrative burden (and hence costs) on the Council, Members may wish to determine that a condition prohibiting the consumption of alcohol does not become a standard licence condition and will only be attached to a licence if:

 

                                               i.          representations are received that the consumption of intoxicating liquor when using furniture on the area covered by the Pavement Café Licence would be likely to result in disorder, and

                                             ii.          after consideration by Committee it is determined that the condition is attached to that specific licence, or

                                            iii.          if the premises specified in the licence are premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(b) of that Order (off-licences).

 

3.10     Members are advised that the conditions of licence may be reviewed and amended if necessary once the regime has been in operation for a period of time and nothing prevents the Committee from attaching any other condition it considers reasonable to any particular application that may come before it.

 

3.11     Any decision of the Committee in relation to policy and legislation concerning licensing matters must be ratified by Council.

 

            Financial and Resource Implications

 

3.12     There will be additional Officer resource implications in implementing the Act and these costs will increase the greater the number of reports relating to Pavement Café applications that must be brought to Committee.

 

            Equality or Good Relations Implications

 

            None associated with this report.

 

  Appendix

 

Proposed Standard Conditions to be attached to Licences issued under the Licensing of Pavement Cafés Act (Northern Ireland) 2014

 

DEFINITIONS:

 

Furniture                                Includes tables, chairs, umbrellas, barriers, heaters, menu boards or other approved fittings

 

Licensed area                        A public area as defined on a plan approved by the Council as a pavement café. 

 

Licensed period                    The days and hours approved by Council when the licensed area can be used as a pavement café.

 

Licensee                                 Shall include their nominee in their absence

 

Licensing Order                    The Licensing (Northern Ireland) Order 1996

 

Pavement Café Licence       The permission given by Council to allow the placing of temporary furniture on a specified public area for customers to consume food or drink supplied from the licence holder’s premises

 

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CONDITIONS OF A LICENCE

 

1.          The Licensee shall be responsible at all times for compliance with the terms and conditions of the Pavement Café Licence.

2.          The licensed area must only be used to place temporary furniture for the purpose of consuming food and/or drink supplied from the licence holder’s premises.

3.          The Licensee shall at all times ensure that the pavement café furniture is not placed outside the licensed area.

4.          Only furniture permitted by the Council shall be used in the licensed area and such furniture shall be placed in accordance with the layout plan as agreed in writing by the Council.

5.          The licensee shall only place furniture on the licensed area on those days and during those hours as permitted by the licence.

6.          Any furniture provided in the licensed area shall not mark or damage the surface of the pavement.

7.          Furniture should be sufficiently portable that it can be removed within 20 minutes.

8.          Adequate storage approved in writing by the Council must be provided to ensure that furniture can be stored securely when the premises are closed.

9.          The Licensee shall ensure that adequate Public Liability insurance cover is in force to cover the licensed area and provide proof of that insurance upon demand by the Council.

10.       The licensee shall ensure good order is maintained during all times the Pavement Café is open.

11.       The licensee shall ensure that the pavement café is operated in a manner ensuring that there is no safety risk, nuisance, public health issue or detriment to amenity caused to other users of the highway or nearby premises.

12.       This licence does not in any way permit the playing of live or recorded music for the entertainment of customers in the licensed area.

13.       The licensee must have in place a commercial waste collection contract and provide proof of that contract upon demand by the Council.”

 

After discussion, the Committee agreed that the standard conditions, as set out within the foregoing appendix, be attached to a Pavement Café Licence and agreed also that a condition prohibiting the consumption of alcohol should be attached only in those circumstances outlined within paragraph 2.1 of the report.