Cafe culture Venues could make move outside
PEOPLE will be able to enjoy more of Cheltenham’s cafes, bars and restaurants if owners apply for a ‘pavement licence,’ once the Government passes new legislation.
The temporary licence will allow additional outdoor space to be lawfully licensed and used by hospitality sector premises.
Cheltenham Borough Council unanimously backed a proposal tonight on Monday, July 20, which would allow some businesses owners to apply to the authority for the temporary licence as soon The Business and Planning Bill 2020 becomes law.
Proposed in some parts of Cheltenham, including Montpellier Street and Regent Street, are major changes to the highway, allowing for cafes to spill out on the road.
It means the town could have a Parisian-esque “cafe culture”.
The change in legislation is being pushed through Parliament to allow local businesses across the country to recover from the Covid-19 pandemic and attempt to re-establish footfall.
Under the proposed law, an application must be determined by a local authority within seven days of receipt of the application.
The move effectively cuts the red tape and waiting time hospitality firms face when owners apply to a local council to place tables and chairs on the doorstep of their business.
It would also see a reduction in consultation time and response times from local authorities.
Some councillors expressed concerns in the meeting that disabled people such as wheelchair users may be “disadvantaged” by potential pavement changes.
Councillor David Willingham (LD, St Peters) said:”the reopening and supporting of our businesses is of vital importance to our town, but that recovery must be accessible to all. We can’t exclude people simply because they are disabled.”
Council officer Louis Krog replied: “Officers will undertake a site assessment to make sure the needs and other issues are taken into account.
“We will be mindful of our public sector equality duty that is an overarching duty in all our decisions, though it might not be specifically referencing the Act.
“But that duty exists, so we will be undertaking site assessments and determining whether what they’re proposing is appropriate for the space, and certainly if not we will refer the matter to the director for a decision.”
A council document said if a local authority does not determine an application within seven working days, the licence would be granted for a year but not beyond September 30, 2021.
It continued: “The Pavement Licence will only permit the placing of furniture on the highway.
“Other regulatory frameworks still apply such as the need for alcohol licences, street trading applications the need to comply with registration requirement for food businesses.
“If the applicant has a licence to serve alcohol on premises temporary amendments to the Licensing Act 2003 will allow them to sell alcohol for consumption off the premises without needing to apply for a variation of their licence. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.
“A local authority may also grant a Pavement Licence subject to conditions that it considers reasonable but in any event such licences will be deemed to be subject to a ‘no-obstruction condition.’
“Gloucestershire County Council as the Highways Authority has delegated authority to Cheltenham Borough Council to determined applications in respect applications within the Borough of Cheltenham.
“Currently where applications are received and objections are raised the application is determined by the Licensing Committee.
“Given the timescale for determining an application and the provision for deemed consent if a determination is not made within the prescribed it is proposed and authority to determine all applications is delegated to the Director of Environment.”
The Business and Planning Bill 2020 is at report stage in the House of Lords.
The reopening and supporting of our businesses is of vital importance to our town, but that recovery must be accessible to all.