Issue - meetings

Dr. Matthew O’Callaghan asked the Chairman the following questions under Standing Order 35:-

Licences for Pavement Cafes

“1.        Could the Chairman give the date of the implementation of this policy for each of the major towns in Leicestershire (ie Loughborough, Melton, Coalville, Harborough, Hinckley, Blaby etc)?

2.         Could the Chairman give a breakdown by district of the amount of income received by the County Council in this financial year for these pavement cafes?

3.         How many local authorities are responsible for highways similar to the County Council, and of these how many require licences for pavement cafes and how many do not?

4.                  What section of the legislation does the licensing of pavement cafes come under?  Would the Chairman detail this section of the legislation?”

The Chairman replied as follows:

“1.        At its meeting on 8 May 2007 the Cabinet set a policy to introduce a requirement for licences for street cafes as part of wider arrangements to provide effective management of the highway street scene. This was implemented with immediate effect across the whole County, including all market towns. 

Enforcement action against those not complying with a licence or encroaching or obstructing the highway without the benefit of a licence will always be on the basis of managing the risks against the available resources. Concerns regarding these matters are usually raised initially by the local community and relate to the management of the whole street scene including shop front displays and "A" boards for which guidance is also provided in the Cabinet report of 8th May 2007. This was the case in Melton Mowbray and clearly it is reasonable for the Council to take a consistent approach to management of the street scene be that shop front displays and "A" boards falling outside the guidelines for reasonable use or licensing of street cafe.

It remains the intention of the Council to support the prosperity of our excellent market towns and villages by permitting reasonable use of shop front displays, "A" boards and street cafes, which enhance the street environment using the guidelines and licences to ensure a balance with the needs of pedestrians and to provide local traders with a certainty of arrangement to invest in good quality displays and furniture.

2.                  Income received in 2010/11 is £700 in Charnwood and £150 in Harborough Districts with several more application enquiries currently being processed.

3.                  Most other local authorities require a licence for a street cafe. Details of several East Midland authorities are shown in the table below: 

As this demonstrated Leicestershire was taking a consistent approach, further research has not been undertaken.

4.         Pavement Café Licences are issued under Section 115E of the Highways Act 1980.

The County Council may licence occupiers of premises adjoining the highway to provide refreshment facilities, including seating and chairs subject to a consultation process with neighbours.  A notice has to be displayed on the premises for 28 days before a decision is made to issue any Licence. If occupiers of premises do not obtain a license, they may be at risk of committing an offence if obstructing the highway. I have arranged for the County Solicitor to send a copy of the relevant sections to Dr. O’Callaghan.”