Agenda item

Report attached.

Councillor Joyce Plummer, Portfolio Holder for Resources, provided a report seeking approval to the adoption of a Policy and standard conditions for the licensing of pavement cafes under section 115E of the Highways Act 1980

Approval of the report was not a key decision.

Reason for Decision

Under Section 115E of the Highways Act 1980, a district Council may grant permission for the service, amenities, recreation and refreshment facilities on pedestrianised areas of the highways.  The powers can be used to licence street cafes to enable premises fronting on pedestrian areas to have tables and chairs outside the premises for their customers.

Alfresco eating is becoming a more widespread aspect of urban life and the presence of tables and chairs on the pavement can make a positive contribution by adding vitality, colour, life and interest to an area.  Hyndburn Borough Council supports and encourages the provision of pavement cafes in the area as they can help maximise the use of public spaces, aid the local economy and add to the facilities offered to people who visit, live, and work in Hyndburn.

Whilst the Council wishes to encourage pavement cafes, it is important that they are properly located and managed.  This is to ensure that they meet the standards expected in Hyndburn and that they do not obstruct the highway nor create a hazard for pedestrians, especially for blind, partially sighted and other disabled people.

The area to be used must take into account other needs in the immediate vicinity e.g. kerbside parking, bus stops and pedestrian crossings.  Pedestrians’ needs must be paramount.  The expanse of the pavement cafe must not conflict with any access or dropped crossings that are required for free passage of normal road users.  Barriers and tapping rails should be positioned and maintained to the satisfaction of Hyndburn Council and should be totally removed outside the permitted hours of operation of the cafe, restaurant or bar.

In order to ensure that Pavement Cafes are run in such a manner so as to enhance the area and not to cause a problem to others using the pedestrianised areas, it is important that a robust policy is in place to deal with the issuing and maintenance of the licences issued under the Highways Act 1980.

The granting of such permissions is similar to the processing of other licensing applications dealt with by the Licensing Section and, as many of the premises likely to apply under the Highways Act 1980 are likely also to have premises licences issued under the Licensing Act 2003, it seems sensible for them to be dealt with within the same service.

Under Section 115F of the Highways Act 1980, a Council may attach such conditions as it feels fit to a Street Cafe licence.  Accordingly, it is proposed that the standard conditions set out in Appendix 1 to the Policy, also be approved.

Based on the predicted time spent on administering and controlling pavement cafes it is proposed that the application fee should be set at £125.

There were no alternative options for consideration or reasons for rejection.

Resolved                          -    That Cabinet approves the proposed Policy and standard conditions for pavement cafe licences and approves the application fee of £125.