Perth and Kinross Council defends its enforcement policy in face of criticism

Having invested in attractive furniture and plants to brighten up the streets, management of eateries on St John Street, St John’s Place and the High Street are unhappy with how the council’s roads team have enforced what is and isn’t acceptable.

Business owners are guided on how far out from their facade they can place tables, chairs and planters by metal studs built into the ground.

The council has defended its enforcement policy, saying it makes regular inspections and “reactive visits” after complaints are made.

A spokesman said: “While we do not comment on individual circumstances, what we can confirm is that council officers conduct regular inspections of, and, if any complaints are received, make reactive visits to, outdoor seating areas to ensure that they are being appropriately managed.

“As part of this, business owners and operators are advised that there may be times where the footway cannot be used for seating or tables, for example the erection of scaffolding or when public utilities are carrying out maintenance or repair works.

“This is to ensure that there is appropriate space for all users on footways, and particularly for people with disabilities or mobility issues.

“All outdoor seating areas on a footway require planning permission and roads consent. Where an outdoor seating area has been set up without the necessary permissions being in place, it is appropriate for the council to take enforcement action, for example advising businesses that these consents are required. Where consent has been granted, the business is expected to operate within the permitted area.

“In the event that the seating expands outside this, for example blocking the entire footway to the detriment of passing pedestrians, it would again be appropriate for our officers to raise this with the business.

“We are always happy to provide advice to businesses on both the consents required for new outdoor seating areas, and to confirm the extent of the areas where permission is already in place to operate.

“Consideration is also being given to developing an FAQ to further assist businesses and ensure that they are operating in line with consents granted.”

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Council officers conduct regular inspections of, and, if any complaints are received, make reactive visits to, outdoor seating areas. SPOKESMAN