Plans to Support Café Culture in the East Riding

East Riding of Yorkshire Council is implementing a new Pavement Licensing Policy to support local café culture and alfresco dining, which has been popular in the area since 2010.

This policy follows a change in legislation brought about by the Business and Planning Act 2020 (BPA 2020), which was introduced during the Covid-19 pandemic and later made permanent under the Levelling Up and Regeneration Act 2023.

The new policy, which will supersede the current Pavement Consent Licensing Policy under the Highways Act 1980, aims to set out the application and grant process for businesses wishing to place tables and chairs on the highway for customers to consume food and/or drink. This policy is designed to ensure a consistent approach to the appearance, size, and impact of outdoor dining spaces in all areas of the East Riding.

Councillor Lyn Healing says there has been a significant uplift in the number of outdoor seating areas since the pandemic.

The East Riding Council says it recognises the importance of café culture to the community and the local economy. The new Pavement Licensing Policy is intended to:

• Encourage café culture and alfresco dining: This policy aims to continue the success of café culture, which has been enjoyed by residents and visitors to the East Riding since 2010.
• Support local businesses: The policy aims to support local businesses by providing a streamlined and affordable process for obtaining a pavement license.
• Enhance the community: The policy seeks to ensure that pavement licenses enhance the community by creating welcoming and attractive outdoor spaces.
• Protect the vulnerable: The policy includes provisions to protect vulnerable members of the community, such as people with disabilities, by ensuring that pavement licenses do not create obstructions on the highway.
• Promote public health: The policy includes provisions to promote public health, such as requiring designated smoke-free areas within licensed pavement spaces.

The new Pavement Licensing Policy was presented to the Licensing Committee on 21 October 2024 and is subject to a 28-day public consultation period from 1 November to 29 November 2024. During this period, the Council is encouraging feedback from residents and businesses, particularly on the proposed locally specific conditions.

Councillor Victoria Aitken says encouraging a stronger cafe culture will be a boost for East Yorkshire's towns.

The policy sets out a number of considerations for businesses applying for a pavement license:

• Accessibility: Businesses must ensure that the pavement area remains accessible to all, particularly people with disabilities, those with pushchairs or prams, and people with visual impairments. This includes considerations for:
  • The positioning and size of approved areas.
  • The remaining available space for the ease of movement on any pavement area without obstruction.
  • Use of non-reflective furniture and barriers.
  • Ensuring wheelchair users can access facilities without additional assistance.
  • Ensuring entry and exit points are wide enough to accommodate wheelchair users.
• Smoke and Vape Free Areas: All premises issued a pavement license must provide designated smoke and vape-free areas, with signage denoting these areas. National legislation requires a two-metre gap between smoking and non-smoking areas, which could be difficult to achieve for some smaller businesses.
• Fees: There is a cap on the application fee (£500) and the renewal fee (£350). The policy proposes a tiered fee structure, with businesses that can only provide a small number of tables and chairs paying a lesser fee than those with larger areas.

Following the consultation period, the feedback will be considered, and any necessary adjustments made to the policy. The policy will then be brought back to the Licensing Committee and the Cabinet for further consideration before being formally approved by the Full Council and published.

The implementation of the new Pavement Licensing Policy is expected to provide clarity for businesses seeking to utilise outdoor spaces and ensure that café culture continues to thrive in the East Riding while protecting the needs of the community.