LICENCE APPLICATION FOR STREET CAFÉ - STARBUCKS, 57 HIGH STREET,
ASCOT. SECTION 115E HIGHWAYS ACT 1980
RIGHTS OF WAY AND LICENSING PANEL: 19TH JULY 2007
OFFICER REPORTING: DIANA HILLS, BOROUGH SECRETARY
1.
PURPOSE OF REPORT
To consider and determine an application for a Street Café Licence by Starbucks Coffee
Co (UK) Limited in respect of their premises at 57 High Street, Ascot and objections to the
proposed licence which have been received.
2.
OFFICER'S RECOMMENDATION:
That Members consider the Licence application and either:
a) grant a Licence to Starbucks for two tables and four chairs in accordance with the
application and the attached plan for the usual two year period,
b) grant a licence to Starbucks as above but for some smaller area or over a shorter
period as a ‘trial period’.
c) Refuse to grant a licence on this occasion
3.
SUPPORTING INFORMATION
3.1
Wards Affected
Ascot and Cheapside Ward.
3.2
Relevant Matters Upon Which Decision is Based
3.2.1
3.2.2
3.2.3
3.2.4
It is the Council’s policy to grant licences for street cafes on the public highway where
there is sufficient space and it is safe to do so. Determination of such licences has been
delegated to Officers with exceptions and appeals brought to this Panel.
The application site is situated towards the eastern end of the retail premises in Ascot
where the pavement is 3 metres in width. This meets the minimum width requirement as
contained in the Council’s policy. However, concerns have been raised in this particular
location there is insufficient width to permit tables and chairs to be placed outside the
premises.
In October 2006 an application for a street café licence at 57 High Street, Ascot was
submitted requesting a licence for two tables and four chairs (two by each table) outside
the premises in High Street, Ascot (Appendix A). The site notice was attached to
hoardings whilst building works were undertaken and in order to ensure that the period for
consultation was available to the public, a second period of consultation was undertaken
earlier this year.
The following objections have been raised
i)
ii)
iii)
there are other local coffee shops with tables and chairs outside where the land is
not part of the footway (is private land)
the High Street is narrower outside No. 57 High Street and the policy minimum of
3 metres is insufficient in this location
Problems have been experienced outside other premises which have a licence and
where the footway is only 3 metres. This has been particularly where seated
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iv)
v)
vi)
vii)
viii)
ix)
x)
customers, some with prams, have been using the tables and chairs whilst
pedestrians pass and passengers have been alighting from vehicles.
The footway outside 57 High Street can at some times be fairly busy.
The premises require a change of use from A1 (Retail) to A3 (Restaurant) and at
present are A1 so there is no planning permission for tables and chairs to be
outside the premises
Concern about the barriers delineating the extent of the area to be used
Site lines for cars emerging from Course Road may be impeded
There will be close proximity to the parking bays which could potentially create a
safety issue of possible conflict between vehicles and vulnerable road users
There are already sufficient street cafes in Ascot to meet local needs
Litter generated from Starbucks, use of paper cups is disproportionate as is the
amount of rubbish left outside the premises every night.
In relation to these objections the following should be noted:
This application falls to be judged against adopted policy and on its own merits. Issues in
connection with any planning permission or rubbish generated by the premises already, not
linked to tables and chairs outside the premises are not relevant nor is the question of any
‘need’.
The relevant issues are:
i)
ii)
Whether in this location there is sufficient width to accommodate the two tables
and four chairs proposed. In terms of adopted policy the minimum width to
accommodate tables and chairs for seated persons is 1 metre and people walking
past must have at least 2 metres of footway between the edge of the carriageway
and the boundary of the café. It is recognised that in a very busy street it may be
necessary to leave more than 2 metres of footway space for pedestrians
Issues of highway safety particularly in connection with site lines from vehicles
exiting Course Road and the proximity of parking bays.
Objections received are attached at Appendix B
Other comments received are attached at Appendix C, D & E
On balance, the Officer’s view is that there is sufficient width to accommodate the tables and chairs
applied for and maintain the free flow of pedestrians past the street café. Generally the Council has
issued licences to premises where the three metre width is present. However, in this particular
location there are concerns that have been expressed by objectors which should be taken into
account.
3.3
Options Available and Risk Assessment
i)
To grant to Starbucks permission to have two tables and four chairs in accordance
with the application made and the attached plan, for the usual two year period.
ii)
To grant a licence to Starbucks as above for a smaller area or a shorter period as a
‘trial period’ which could be monitored and to include such clauses in any
licence that clearly indicate that any contravention of the licence may result in it
being revoked.
iii)
To refuse to grant a licence to Starbucks.
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iv)
Whilst the application does comply with Council policy there are clearly concerns
in this location that three metres is insufficient width to ensure the free flow of
pedestrians.
v)
The Panel is invited to take account of all objections and other relevant
information and determine accordingly.
3.4
Reasons Supporting Recommendation
3.5
Relevant National/Regional Guidance
None
3.6
Relevant Council Policies/Strategies
Procedure and policy for dealing with tables and chairs on the highway approved by the Public
Rights of Way and Highway Licensing Panel 5th December 2005
This recommendations contained in this report also contribute to the Community Strategy
in the following ways:
Key Themes





Relevant
Yes
Yes
Getting about
Learning for Life
Being safe and secure
Caring and health
Living and working in a good place
No
No
No
Yes
Guiding Principles Working Together
 Leaving no-one behind
 Involving people
 Safeguarding the young

4.
No
No
Yes
No
CONSULTATION CARRIED OUT
The usual internal consultation has taken place in addition full consultation has been
carried out in accordance with the legislation. In view of the difficulty in establishing that
the notice had been in place for the statutory 28 days, the statutory consultation was
repeated. A full list of consultees is attached at Appendix F
5.
IMPLICATIONS
5.1
Financial
The £250 application fee has been paid. If the licence is granted there will be an area fee.
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5.2
Legal
Licences may be granted by the Highway Authority for street cafes, “A” boards etc under Section
115E of the Highways Act 1980 which may impose such conditions as considered appropriate to
ensure there is no detriment to the highway user and proper consideration is given to adjacent
property owners
5.3
Human Rights Act
The convention rights relevant to this Report:
i)
ii)
Article 1 of the First Protocol (Protection Property) – This right states that every
natural or legal person is entitled to the peaceful enjoyment of his possessions. Noone should be deprived of his possessions except in the public interest and subject
to conditions provided for by law and the general principles of International Law.
The preceding provisions shall not however in any way impair the right of a state to
enforce such laws that it deems necessary to control the use of property in
accordance with general interests or to secure the payment of taxes or other
contributions or penalties.
This right is relevant to any premises owner affected by the proposal and any
interference must be as provided for by law and must be proportionate.
In addition, Article 14, the Prohibition of Discrimination which is an absolute right is
relevant in so far as the rights and freedoms set forth in the Human Rights Convention are
secured without discrimination on any ground.
5.4
Planning
No direct planning implications as a result of this report.
5.5
Sustainable Development
None
5.6
Diversity and Equality
None
Background Papers:
Procedure and Policy for dealing with Tables and Chairs on the Highway.
Report to Public Rights of Way and Highway Licensing Panel 5 December 2005.
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