COUNCILLORS are set to debate controversial rules which have seen some city centre businesses forced to remove or reduce their outdoor seating.
The enforcement of measures which require a minimum space on pavements have sparked criticism, with businesses in some pedestrianised areas branding them “deeply unfair”.
Lichfield District Council’s leader has also warned they could hit the city’s cafe culture.
Now members of the local authority’s regulatory and licensing committee will discuss whether to stick with the current guidance or introduce an alternative.
A report by Cllr Di Evans, chair of the committee, said:
“The previous government recognised that the pavement licensing regime whereby businesses could obtain consent to place furniture on the highway was both lengthy and expensive. They therefore created legislation via the Business and Planning Act 2020 to introduce a temporary regime that involved just a single licence from the licensing authority that was quick and cheap to obtain.
“On 1st April 2024 this temporary regime was made permanent with some minor amendments, including the ability for district councils to recover their costs by charging up to £500 for new applications, and £350 for renewals.
“Government guidance states that where a pavement license is granted, a minimum width of 2,000mm of pavement should be left unobstructed and this was approved by this committee at its meeting on 25th September 2023. The Government guidance also states that where this width is not feasible, the minimum width could be reduced to 1,500mm.
“Incorporating two minimum widths in a set of standard conditions is difficult. Therefore, following concerns expressed about the impact requiring 2,000mm would have on local businesses, and to reflect the nature of some of the roads in the city centre, the regulation and enforcement manager amended the minimum to 1,500mm in April 2024.
“The new pavement licensing regime has been implemented in a way that seeks to strike a reasonable balance between pedestrians who have the right, and businesses who have the desire, to use the pavement in a relatively space restricted city centre that has adopted a hybrid pedestrianisation scheme.
“However, the most contentious element of the guidance has proven to be the approach to implementation and enforcement in relation to the minimum width.”
The committee will discuss the enforcement of outdoor seating after council leader Cllr Doug Pullen wrote to Cllr Evans requesting a review of both the guidance on space and the enforcement of such rules.
Members will now discuss whether to endorse the existing policy or introduce an alternative.
Cllr Evans’ report added:
“Every business that has submitted a valid application has been granted a licence, less one that applied for a licence to use the carriageway. In that case, the highway authority has refused to suspend the on street parking bays on that area of the carriageway, meaning we are unable to grant a licence.
“Officers and councillors have contacted the highway authority to advocate for the business and express support for the parking being suspended.
“Four businesses have not submitted a valid application and are continuing to place furniture on the pavement. In November 2024 officers served notices on three of those businesses under the Business and Planning Act 2020 giving them seven days to remove the furniture and to refrain from putting furniture on the pavement without a licence.
“The businesses have not complied with the notices and have continued to place furniture on the pavement.
“While most businesses that require a licence have applied for one without complaint, several businesses have raised concerns about the licensing regime.
“A small number of the businesses have been particularly vocal on social media and in contacting the media. A review of comments on social media indicates a balanced response from commentators with some supporting the businesses and some supporting the approach taken by this council.”
A number of businesses also wrote to the council over the changes – but Cllr Evans said not all were linked directly to the debate.
“It should be noted that the many of these businesses have never placed furniture on the pavement as they are not cafes, bars, or restaurants and some of the signatories appear to have misunderstood and believed it was a petition relating to the use of A-boards.
“Some businesses have had to reduce the area of pavement that they had become used to using to ensure that it is not blocked. In most cases this has simply involved altering the layout of the furniture and in fewer cases involved reducing the number of tables and chairs by a small number.
“Officers are not aware of any businesses that have decided to purchase new furniture as a result, although officers consider that this would be a reasonable businesses expense to comply with the law.”
The meeting will take place on Thursday (30th January).
