DOZENS of city centre businesses have challenged Lichfield District Council over its enforcement of pavement licensing.
It comes after enforcement officers visited a number of outlets over concerns about their outdoor seating areas.
But the move has drawn criticism – including from the leader of the council – over the impact it could have on the city’s cafe culture.
Now 46 businesses have signed a letter criticising the “deeply unfair” enforcement.
The current rules applied mean that a 1.5 metre gap is needed between any outdoor seating and tables and the carriageway.
But in the letter, the businesses said pedestrianisation meant the rules were being misinterpreted.
“While we appreciate the council’s efforts to maintain order and accessibility in Lichfield, we feel that the policies being rigidly applied – particularly the adoption of the 1.5 metre clearance guidance and the classification of our pedestrianised streets as carriageways – are deeply unfair and detrimental to local businesses.
“Lichfield’s pedestrianised streets, such as Bird Street and Market Street, have vehicle access restricted solely to deliveries and a small number of permit holders for local businesses with designated parking. Streets that function primarily as delivery zones with limited vehicle access for specific purposes are not considered carriageways under the Highways Act 1980.
“By definition, these streets do not function as carriageways, yet the council continues to treat them as such, enforcing rules that do not apply to the reality of their current use of purpose.
“This approach fails to account for the unique characteristics of these streets, including the absence of a dropped kerb.”
The businesses are now calling for the removal of the 1.5 metre rule which is “not legally mandated and is causing unnecessary hardship for businesses”, as well as recategorisation of pedestrianised streets.
The letter added that “combative and rigid” communication had also been a concern.
“We are law-abiding business owners who have operated within the council’s frameworks for years.
“The goalposts have now been moved and we are getting penalised for circumstances outside of our control.
“We ask for a more collaborative, thoughtful approach to decision-making that reflects the unique characteristics of our city, respects the contribution of its businesses and prioritises practical, fair solutions.”
A spokesperson for Lichfield District Council said:
“We acknowledge the concerns that have been expressed by some city centre traders and are convening a special meeting of the council’s regulatory and licensing committee to discuss them on 30th January.”
