York pavement licences row after change in legislation

At a decision session on July 19, council executive member for transport Cllr Kate Ravilious recommended changes to York’s licensing rules to ensure they are in line with government legislation.

The plans involve charging businesses such as cafes, restaurants and bars for putting out tables and chairs and other items, with the fee set at £500 per year for first time applications and £350 for renewals.

The new rules will apply to businesses that make use of outdoor space on council-owned land and also on some areas of private land. 

The final decision will be made by the council’s licensing committee.

But York’s Liberal Democrats said concerns were raised over a lack of consultation with businesses, claiming there was a diary error over the timing of a drop-in session advertised on the council’s Facebook page originally for July 22 then put back a week.

Deputy leader of City of York Council, Cllr Pete Kilbane, said the decisions in the July 19 meeting give businesses clarity and the administration is committed to engaging with them.

Councillor Kilbane defended the recommendations and said the administration were supporting businesses (Image: Supplied)

The report to Cllr Ravilious also said it is ‘timely to address activities which require licensing on privately maintained highways’ – and listed areas defined as such.

It said in parts of York, cafes and stalls have been set out on ‘privately maintained highways’ perceived as ‘private areas’, where business have or have not applied for licences.

It said there are laws over the use of private land which enable councils to ‘grant permissions for the use of objects or structures in the highway’ and pavement cafes in respect of certain highways – identifying Front Street in Acomb and Bishopthorpe Road – as two of the key areas in the city likely to be affected.

Councillor Waller said Front Street businesses in the Westfield ward he represents were unaware of the planned amendments (Image: LDRS / Newsquest)

Lib Dem councillor for Westfield ward Andrew Waller said: “Businesses in the Front Street area were completely unaware that this policy was on its way.

“There are lots of unanswered questions particularly around how the rules will apply to land that is private but might be considered to be part of the ‘public highway.’

“Consulting with businesses after a decision has been made is not consultation.

“The council has added insult to injury by arranging a drop-in session, at short notice, in the middle of the afternoon, when many small businesses are busy at work.”

Liberal Democrat Councillor Ashley Mason said: “The confusion over pavement licensing arrangements is part of a worrying trend of the Labour council treating small businesses with a lack of respect.

Councillor Kilbane said: “National legislation on pavement café licensing changed earlier this year and our job is to implement it locally.

“The recent decision gives businesses clarity on their licences and associated charges for operating pavement cafés.

“We continue to engage with them as we are committed to ensuring the new arrangements are clear, fair and easy to understand.

“Labour is committed to supporting all businesses, and really value the small and independent sector in our city.

“We enabled the successful Little Bird Made market on Acomb Front Street, helping reverse some of the damage done by the local Liberal Democrats’ bollard obsession.

“We are disappointed that they are now using genuine business concerns to further their own political agenda.”