Policy for Tables and Chairs on the Highway
1. Introduction
1.1 There are activities, other than trading, which seek a street location; and the Council has the power to licence these by issuing an 'Objects on the Highway Consent'.
1.2 The Council wishes, as far as is compatible with other highway uses, to promote the 'café culture' because of the added life and vitality this brings to the public realm within North East Lincolnshire. To this end, the Council will look favourably on applications by operators retailing food and drink for consumption on the premises, in appropriate locations to put tables and chairs on the pavement outside their premises.
1.3 In considering such applications the Council will give particular cognisance to Section 17 of the Crime and Disorder Act 1998 and its responsibilities thereunder. It is also recognised that this type of activity promotes a mixed age range of people enjoying the street scene and strengthens the role of natural surveillance in combating fear of crime.
1.4 The following policy has been drafted having regard to the mobility difficulties of the disabled and the visually impaired. The policy will be applied in the determination of applications to place suitable furniture on the highway.
2.0 Tables and chairs on the Highway
2.1 Tables and chairs associated with pubs, cafés and restaurants are regarded as acceptable in pedestrian areas, within shopping streets and the resort area of Cleethorpes. Provided that it is selectively located, where it can make a positive contribution to the vitality and viability of the area, and does not give rise to problems associated with crime and disorder.
2.2 The purpose of pedestrian areas is to enhance the streets for the benefit of the pedestrian. Inappropriately located furniture can positively detract from the public's use and enjoyment of the paved space by causing congestion, obstruction and visual intrusion. The Council is particularly concerned that the mobility difficulties of the disabled and the visually impaired are not exacerbated by unnecessary obstructions.
2.3 Despite this restrictive approach, the Council would not wish to prevent a modest amount of tables and chairs associated with street cafés in pedestrianised areas, of a type which could positively enhance the enjoyment of the public realm. In this respect the Council would consider the use of flowers in suitable planters, which hold universal appeal because of their colour, fragrance and visual attraction, to be appropriate in conjunction with tables and chairs. North East Lincolnshire does, after all, have a reputation for its gardens and floral displays.
2.4 The Crime and Disorder Act stresses the need for positive action to be taken to combat crime disorder and fear of crime. Prior to granting any consent for tables and chairs within the highway, the Council will pay particular regard to any potential for crime or disorder arising either directly or indirectly from the consent and will give significant weight to the views of the local police and the Safer Communities Partnership in such matters.
3. Policy Criteria
3.1 PROVIDED THAT THE FOLLOWING CRITERIA ARE MET, tables and chairs placed on the highway for the consumption of food and drink in association with a business operating from adjacent premises, will usually be permitted.
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NO OBJECT MAY BE PLACED ON THE HIGHWAY WHICH WOULD CAUSE A HAZARD OR AN OBSTRUCTION TO THE FREE FLOW OF PEDESTRIANS, OR TO ACCESS BY EMERGENCY OR SERVICE VEHICLES OR MAY GIVE RISE TO PROBLEMS ASSOCIATED WITH CRIME AND DISORDER, THEREFORE IN ALL CASES, CONSENT WILL ONLY BE GIVEN IF THE FOLLOWING DETAILED CRITERIA ARE SATISFIED:-
1. No tables and chairs may be located in a position which will cause an obstruction to the free flow of pedestrians, sight-lines, or to the access of emergency or service vehicles.
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In the interests of Highway safety, there should be a desirable minimum clear width of 1.8 metres or an absolute minimum of 1 metre between the edge of the seating area and the kerb / road edge, at the Council's discretion.
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The need to ensure swift and safe evacuation of adjoining premises will be a prime consideration, having regard also to the volume of people likely to be inside the building.
2. The Council does not in the majority of instances own the highway but holds it on trust from the owners of property fronting the highway, and maintains it for the public at large. The Council is required to obtain the consent of all interested frontagers who would be materially affected by the proposal.
3. The Council will take into consideration any organised events, or planned works to the highway or apparatus within it. Consent may be withheld or temporarily withdrawn where conflict with an event / works is envisaged.
4. The Council must be assured - taking into account the views of the local police and the Safer Communities Partnership - that granting the consent will not give rise to problems associated with crime and disorder.
5. To protect the attractiveness of the streets, some of which have Conservation Area status:-
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the appearance of the tables and chairs must ideally enhance, or at least not be detrimental to the street scene.
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Accurate and to scale detailed sketches of the business as it would be conducted in the street, indicating the type of proposed furniture and it's location. This must include precise measurements, supported by colour photograph(s) of the premises frontage and pictures of the proposed furniture, must be submitted with the application. If this information is not supplied the application will not be accepted.
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The tables and chairs and their associated activity must not cause environmental problems or detract from the amenities of adjacent retailers/occupiers. For example, there must be no litter problem, smells from food sales, or noise, so as to cause nuisance or annoyance.
6. All furniture must be capable of being easily and conveniently serviced and removed:
Note: Applicants for an "objects on the highway" consent do not have a right of appeal if their application is refused except by judicial review.
The Council's standard conditions will be applied to all "Objects on the Highway" consents and special conditions may be imposed on individual consents. |
4.0 Further Policy Considerations
4.1 Favourable consideration will be given to applications for the placing of tables and chairs and associated furniture outside the applicant's premises in pedestrianised areas, within shopping streets and the resort area of Cleethorpes; subject to:
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consultation with owners and occupiers of fronting premises, the Police, and Safer Communities Partnership;
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the extent of the area being confirmed as acceptable by the Head of Technical Services;
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sufficient space being present outside applicant premises to allow the free flow of pedestrians to the satisfaction of the Head of Technical Services.
4.2 Permissions for consents will be limited to a period of 12 months.
4.3 Permissions will be subject to conditions as detailed in Appendix B.
4.4 The Council will generally apply hours of operation between 9am and 6pm from Monday to Sunday for all consents.
4.5 Tables and chairs are to be positioned in areas clearly defined by suitable temporary barriers positioned to the satisfaction of the Head of Technical Services. The barrier and all furniture shall meet the requirements of the specification which forms part of the conditions subject to which the consent is granted and comply with the Council's design guide.
4.6 An applicant will need to satisfy the Council of a commitment to keeping the highway from being obstructed as a direct or indirect consequence of the tables and chairs being present and that suitable controls to this effect will be in place.
4.7 In considering whether to grant a permission the Council will have regard to an applicant's previous track record of compliance with the conditions attached to any previous consent he or she may have held.
5.0 Applications
5.1 Applications must be received at least forty-two days (6 weeks) prior to consideration by the Licensing Committee, or determination by officers, to allow for the statutory notice period for consultation.
5.2 An application will not be accepted unless it is accompanied by the appropriate fee.
5.3 Late information, or evidence supporting an application or renewal which has not been received at least seven days before the meeting of the Licensing Committee hearing the application, will not be accepted unless there is a valid and significant reason for the delay and the Licensing Committee agree to accept this as the case. The Licensing Committee, in consultation with their Officers and interested parties, may require an adjournment or take other reasonable steps to ensure that the application is heard properly and fairly.
6.0 Fees
6.1 A fee will be payable within the provisions of the fees scale determined by the Council relevant to the period for which the application relates.
6.2 Where an application is unsuccessful the fee will be returned, less an appropriate administration fee.
6.3 Where advertising of the application is required this will be charged at cost and payable at the time of application. It is non-refundable.
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