A Mapperley bar manager says pavement dining has been a “God-send” after the Government made it a permanent feature for high street businesses.
In July 2020 a law was created by the Government so businesses selling food and drink could apply to local councils for pavement licences.
The permission was originally granted to allow customers to safely dine outdoors at the height of the Covid pandemic.
The temporary measures were made under Business and Planning Act and were extended annually aftrer 2020 to continue to support food and drink businesses affected by the pandemic and later to help them diversify during the cost of living crisis.
These measures were made permanent as of March this year, under the Levelling Up and Regeneration Act 2023.
Gedling Borough Council has now drawn up a policy under the law to make sure bars and cafés can effectively use pavements for al fresco dining and do so in a safe way.
Thomas Kitchingman, bar manager at the Wine Room and Nine Six Two in Mapperley, said the company had used a large area of the pavement in Woodborough Road for outdoor dining during the pandemic.
While the area they can use has since decreased in size, owing to nearby businesses also using the pavement, he described the rule as a “God-send”.
“It definitely helped,” Mr Kitchingman added.
“In the summer especially up in Mapperley it was a God-send to have that presence. Having that extra space was a good thing.”
Under the new law and Gedling Borough Council’s new policy, businesses may now be given permission to use pavements for al fresco (outdoor) dining for up to two years at a time.
Councils also have new powers to enforce any unlicensed or unsafe use.
At an Environment and Licensing Committee meeting on September 3 the council will approve the pavement licence policy, setting out charges for licences and how it will enforce breaches.
“Local authorities have been given new powers of enforcement and guidance as to how to implement these powers was published by the Government on April 2, 2024,” council documents say.
“These powers include revoking a licence for breach of conditions or the terms of the licence, misleading statements in an application or if it comes to light that there was a failure to display a notice of application on the premises.
“They also include amending licence conditions where there have been changes to the highway around the licensed area or if any health and safety issues have been raised during the period of the licence.
“The council can also refuse a licence if the area is not considered a suitable
area for a pavement licence for reasons such as accessibility and health and safety.”
The policy states the council will give a notice requiring any problem businesses to remove the furniture within a time frame, and if this is not complied with it can remove and store the furniture.
Any costs from storage will be charged to the business, and the council can refuse to return the furniture until the costs are paid.
If within three months the costs are not paid the council can dispose of the
furniture and retain the proceeds.
A new two-year licence will cost a business £290, a one-year licence will cost £260 and a renewal for two years will cost £118.
There will be a 14-day consultation period on any new licence, followed by a further 14-day determination period.
The Ministry of Housing, Communities and Local Government says: “This will provide much needed income for businesses and protect as many hospitality jobs as possible, particularly during times of increasing living costs.”
