New guidance on pavement café licences

In a bid to address the issues identified in deregulated fast-track café license arrangements, a review of the guidelines has informed proposed changes to the council’s licensing guidance and process.

The review, supported by independent access consultants and in consultation with disabled people, was requested by Executive on 28 July 2022. It recognises the impact of pavement cafés on access across the city since the guidance on their operation was deregulated by the Government to support businesses during the pandemic.

Senior councillors will be asked to recommend a number of changes to the council’s licensing requirements which have been informed by the review. These would see pavement cafés in pedestrianised streets only allowed on footways if 1.5 metre width remains for people to get past (width increased to 2 metres in high footfall areas, for example busy junctions, near bus stops, etc).

In addition, the recommended changes will also improve guidance on setting up a pavement café for businesses and the number of enforcement notices served before enforcement action is taken will go down from 3 to 2 letters.

As part of this work, regular panel will be set up, where York groups and communities can feed back on their experience of pavement cafes. This would then inform any licence reviews, possible access improvements and enforcement action where required.

The updated licensing guidance also requires the licence holder to undertake counter terrorism training to build on work to protect everyone in the city centre.

Councillor Andy D’Agorne, Executive Member for Transport, said: “Thank you to all who have contributed to this review, including residents with lived experience of the obstacles caused by the current, deregulated licensing regime. It has been invaluable in helping us bring forward these proposals which support access for all, while supporting the city’s businesses at a challenging time.

“If implemented, these measures will be monitored and recommendations, as appropriate, will be made to address improved guidance, information, training and enforcement.”

Councillor Ashley Mason, Executive Member for Business and Strategic Planning, said: “Whilst pavement cafes are likely to remain for the long term, they are no longer part of an emergency response. A review of the guidance and conditions permitting them has been necessary to recognise and limit their impact on residents and visitors.

“The changes in guidance mostly revert to principles which existed prior to COVID, whilst enabling qualifying businesses to gain licenses quicker and cheaper. When adopted, the new guidance will be used to review applications to renew short-term licences issued for next year. We are committed to continue supporting business, but it must be done with access in mind to ensure the city centre is safe, thriving and accessible for all.”

The meeting of the council’s Executive will be held on 22 November at 5:30pmand the full report can be read at: https://democracy.york.gov.uk/ieListDocuments.aspx?CId=733&MId=13292. You can watch it at www.york.gov.uk/webcasts