Agenda item

To receive a briefing on and give consideration to the Council’s Alfresco Policy

The Committee received a briefing from the Head of Highways and Transport on the Council’s Pavement Café Policy. The Pavement Café Policy was approved on 18 March 2011 under delegated powers by the Strategic Director Places after it had been commented on by this Committee on 8 February 2011. The Pavement Café Policy aimed to set out a consistent approach for owners and managers of restaurants, cafes, bars, tea rooms, coffee shops and snack bars, who may be considering placing tables and chairs outside their premises. The Committee was asked to give comments on the policy.

Members of the Committee asked questions and the following points were made:

·         Under Part VII A of the Highways Act 1980 the Council had the power to licence the placing of items and amenities on certain types of highway.       

·         The Council had been working hard to support the future prosperity of all town centres with schemes such as the “Love Local Life” and was committed to continually reviewing its policies and fees. The Strategic Director Places had therefore made an informed decision in consultation with the Portfolio Holder for Environment to revise the fee structure to provide a greater concession to smaller businesses. The revised fee structure was to charge £100 initial license and renewal for up to 6 seats as opposed to £150 initial fee, £100 renewal, for up to 4 seats.    

·         The pricing structure meant that the Council only recovered the cost it incurred through the application process and enforcement; however the fees did not cover the cost of administering and enforcing the policy.

·         The advantage of a license with each individual person or business was that the Council could ensure compliance with the terms and conditions of the licence. Without a licence, the Council could only set down guidelines and then take enforcement action where appropriate.

·         All responsible premises should carry public liability insurance. The Council’s insurers had stated that they would expect every business to have their own public liability insurance in place. If the Council did not take measures to impose licenses and ensure business had public liability insurance it would be liable to pay, from its own pocket, any costs and damages awarded to an injured person in the event of a claim.

·         The Committee generally agreed that is was necessary to enforce licences to protect the Council from liability for injury caused by obstructions on the public highway such as tables and chairs. However, it was considered that the charges needed to better reflect the difference between small local businesses and large national companies. Members of the Committee believed that the step from £100 for 6 seats to £550 for 7 seats was too great and would effect the growth of local businesses. They recommended that charges be looked at again and the introduction of more steps in the scales or charges was needed. The Head of Highways and Transport said this would be looked at during the next review and that the Scrutiny Committee would be given the opportunity to comment on changes.

RESOLVED:

(a)  That the Committee endorse the Pavement Café Policy and the Principle of cost recovery. Vote: 6 For, 2 Against, 1 Abstention.

(b)  That at the next review of charges, the Head of Highways and Transport consider a tiered system to provide a more equitable scale of charges.