Agenda item

            The Members of the Committee considered the following report:

 

“1.0     Purpose of Report/Summary of Main Issues

 

1.1            To consider and agree the extension of a scheme for the temporary licensing of Pavement Cafes.

 

2.0       Recommendations

 

2.1       Taking into account the information presented Members of the Committee are asked to recommend that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority to agree that:

 

1.          the temporary Pavement Café licensing scheme should be extended to 30th September 2022 and that any new licences that are granted be issued with the same expiry date;

 

2.          any application fees associated with the temporary Pavement Café licensing scheme should be waived until 30th September 2022;

 

3.          there should be a gradual return to normal and proportionate enforcement procedures in line with established council policy guidance, and

 

4.          a follow up report should be brought before the Licensing Committee prior to September 2022 to seek Members views on how to proceed in relation to Pavement Café licensing.

 

3.0       Main Report

 

            Key Issues

 

3.1       The Licensing of Pavement Cafes Act (NI) 2014 (“the Act”) came into operation on the 1October 2016. However, the Council did not implement the legislation at that time as the Department for Infrastructure, Roads had not, and still has not, issued their technical guidance in support of the Act.

 

3.2       That technical guidance was deemed crucial in that, among other matters, it was required to provide councils with the necessary information on an acceptable size and position of a pavement café such that there was clear demarcation between pedestrians and cafés to enhance health & safety regarding obstructions, tripping hazards and to provide a clear indicator for the visually impaired.

 

3.3       In June last year, a temporary process for considering pavement café applications was introduced. This process, and associated temporary guidance for applicants, was developed, based on DfC and Licensing Forum guidance, in unique circumstances to assist the hospitality sector during the pandemic. When introduced it was made clear to applicants that it will be subject to review and that the council may modify or dispense with such aspects of the guidance as it thinks appropriate depending upon issues which may arise, or in response to changes in the Government’s guidance in relation to Covid-19.

 

3.4       The aim of the scheme was to facilitate the controlled expansion of suitable premises such as cafes, restaurants and pubs, providing small businesses with an opportunity to boost their income at a time of economic crisis.

 

3.5       At that time authority was granted by the Strategic Policy and Resources Committee to waive the licence application fee given the prevailing circumstances.

 

3.6       The scheme was established with the intention of running for a year and all licences that have been issued have an expiry date of 31st August 2021.

 

3.7       Temporary Pavement Café Applications

 

·          Since the scheme was launched 60 licences have been issued

·          More than 60 other applications have been received which we cannot progress due to applicants failing to provide sufficient information to consult with DfI Roads

·          A number of other pavement cafes are operating that have not applied for a licence.

 

Complaints

 

3.8       Complaints about pavement cafes and the licensing process are being monitored and any recurring themes will be used to inform how we implement the licensing process once the temporary scheme ends. Complaints about individual pavement café premises are investigated and followed up with licensees to address issues raised.

 

3.9       Many of the complaints received related to the re-opening of outdoor areas for the 2021 May Bank Holiday weekend and most were resolved quickly. Common complaints included:

 

·        furniture obstructing pedestrian movement, particularly for those with disabilities,

·        furniture obstructing access to other premises,

·        problems for Cleansing Services,

·        the Pavement Cafe area not being managed effectively.

 

 

Enforcement

 

3.10     Over the course of the pandemic, the Council has responded to requests from the Assembly and industry to assist recovery and we have therefore been endeavouring to provide support and minimise impact on small businesses.

 

3.11     For that reason, there has been a very ‘light touch’ approach to enforcement in relation to those who have not made application or failed to provide the necessary information to progress their application as well as those who may not be operating in accordance with the terms of their licence.

 

Universal access

 

3.12     Consultation when the legislation was enacted included regular engagement with groups representing people with disabilities and relevant issues were captured in our “Pavement Cafes: Guidance for Applicants during the Covid19 Pandemic” document which was equality screened in June 2020.

 

3.13     The Council consults with DfI Roads on all licensing applications received and the impact on pedestrians and particularly for disabled people is considered.

 

3.14     At a recent meeting with a representative of the Inclusive Mobility and Transport Advisory Committee (IMTAC) on Pavement Cafés, their feedback was generally positive on extending the temporary licence scheme as people with disabilities are still cautious about going out and feel safer sitting outside in well ventilated spaces.

 

3.15     Whilst highlighting that there are some problem premises there was support for how we have implemented the scheme but it was suggested we should be taking more proactive action where premises don’t apply.

 

Proposed extension to the temporary scheme

 

3.16     As the pandemic has continued for much longer than anticipated when the scheme was set up last June, and in recognition that the hospitality sector remains subject to operating restrictions, Members are asked to consider that the temporary Pavement Café licensing scheme be extended for a further period of time.

 

3.17     Recently the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 came into effect which extended temporary pavement licence provisions in England to 30 September 2022.

 

3.18     It is suggested therefore that all existing temporary licences due to expire on 31st August 2021 be extended to 30th September 2022 and that any new licences that are granted be issued with the same expiry date.

 

Fees

 

3.19     Members are asked to consider that any application fees associated with the temporary Pavement Café licensing scheme be waived until 30th September 2022.

 

Enforcement Stance

 

3.20     As restrictions continue to ease, it is suggested that there is a gradual return to normal and proportionate enforcement procedures in line with established council policy guidance. This will include addressing applications which cannot progress because sufficient information has not been provided and commencing proactive action in relation to unlicensed pavement cafes.

 

Transition to a Permanent Scheme

 

3.21     If the temporary scheme is agreed, a follow up report will be brought before Licensing Committee prior to September 2022 to seek Members views on how to proceed in relation to Pavement Café licensing. The additional period will enable further process review to take place and any issues arising from enforcement measures to be considered.

 

3.22     This will also provide an opportunity to review and improve our guidance, particularly in terms of accessibility, but also in relation to pavement café furniture and the standards that we should set to ensure a vibrant and attractive city.

 

Financial and Resource Implications

 

3.23     The grant application fee for a 5-year pavement café licence is £225.00 with an annual licence fee of £55.00 for the subsequent 4 years. If the temporary scheme is to be extended and the fees are waived there will be a total lost income of at least £31000 on the basis of applications granted and pending at present.

 

Equality or Good Relations Implications/

Rural Needs Assessment

 

3.24     If the temporary scheme is to be extended as proposed the equality screening exercise undertaken in June 2020 will be reviewed and updated as necessary.”

 

            The Members of the Committee agreed to recommend that, in accordance with the Council decision of 4th May, the Chief Executive exercise her delegated authority to adopt the recommendations contained within the report.