Pavement cafés in York face more restrictive rules after the city council Executive decided to accept officers recommendations over a 1.5m clear width on footways when a licence is granted
A more relaxed approach to the idea of outside seating came about because of the need for social distancing during the Covid Pandemic.
The Executive discussed the issues and the report as well as hearing from members of the public at the Tuesday night (22 Nov) meeting in York’s West Offices.
Director of transport, environment and planning James Gilchrist said: “The deregulated approach to pavement cafes can have been considered appropriate during lockdowns in supporting economic recovery.
“But the lived experience (of disabled people) now means that it needs to be reconsidered.”
Speaking during the public participation section, The landlord of the Blue Bell on Fossgate, John Pybus, said: “Consultation with businesses was promised by this Executive but you gave us only six days to respond.
“Hospitality businesses are working very hard at the moment and this was not enough time, especially with how detailed the voting options are. You did find time, however, to hold workshops with disability groups who still aren’t happy.”
He told YorkMix Radio that he and other businesses were very aware of the issues that people with disabilities faced as they were their customers too and he wanted a compromise.
“My business has seen costs soar over the last twelve months from heating to staff wages. The only way for me to deal with this extra expenditure is to increase the volume of my trade. The pavement café licence has helped cover these costs.
“If the council votes to legislate on a minimum 1.5 metre gap on all pavements, you will by stealth take away the vast majority of pavement licences in York.”
He favoured an option where dropped-kerbs were used and only one side of pedestrian streets were used leaving the other side free.
Disability Rights Campaigner Flick Williams told the meeting: “Why am I uncertain that this may not be the new day dawning that it purports to be?
“I revisited the original guidance you published for outdoor dining. The 1500mm (1.5m) clear width was required and yet you licensed cafés to obstruct the full width of foot paths regardless. Will this be another A-Boards situation? Not permitted in policy, but allowed in practice?”
She added later in her contribution to the meeting: “So let’s be clear, this review has come about through legal challenge. I urge you to adopt officer recommendations otherwise this will not have gone away. Even this regime does not adhere strictly to government guidance, but being pragmatic, I conclude we cannot allow the perfect to be the enemy of the good.
“But if significant problems continue to arise we shall not hesitate to challenge. The proof of the pudding comes in January.”
Subject to full council approval in December, businesses will have to leave one-and-a-half metres on the footway for people to get past, increasing to two metres in high footfall areas.
Council analysis from July 2022 showed that at least 50 percent of businesses would be affected by the change in rules.
Diane Rowan spoke of the issues on Lendal and Coney Street. “As you go down Coney street, you encounter a pavement cafe over the footpath so you have to veer into the roadway to get around it.
“If you implement guidance consistently, the seating would be away from the building line with a clear, unobstructed footpath to follow and no obstacle to negotiate.
“Walkways between two sets of tables and chairs can be problematic. Both seating areas need barriers around them.”
Carl Alsop from York BID said: “I believe it is key that the Council must understand and react to the needs of the disabled community to make the city equally accessible to everyone. However, this shouldn’t come at the detriment of the businesses of York.
“It is a real concern that this group see the issues of the pandemic as over! Many of our businesses are back on their feet but far from secure.
“Businesses have faced supply issues, severe price rises, unpredictable consumer behaviours, staffing shortages, a skills gap, a cost of living crisis and high interest rates.
“Losing 48 pavement cafes overnight will not only have an impact on our vibrant street scene, it will also have a huge economic impact on each of those businesses through not having the additional covers that they have become reliant on.
“Not having the presence on the street which shows off an open and vibrant hospitality offering risks losing the business of a more vulnerable clientele that still don’t have the confidence to return indoors.
“These factors can quickly lead to the very real possibility of these businesses closing down and leaving an empty unit on York’s streets.”
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