A Review of In Northern Ireland Analytical Services Unit Department for Social Development 4th Floor James House Gasworks Business Park 2-4 Cromac Avenue Ormeau Road BT7 2JA 2 TABLE OF CONTENTS Page EXECUTIVE SUMMARY 5 REVIEW OF THE LITERATURE OF CAFÉ CULTURE Current Legislation in Northern Ireland Review of the Literature (GB) Regulation & Control of Café Culture (GB) Notable Other Regulation Health Issues Summary of the Issues Raised 7 11 14 16 21 23 24 TOWN CENTRE MANAGER INTERVIEWS – CONTENT ANALYSIS 25 BUSINESS SURVEY QUANTITATIVE RESULTS 29 BUSINESS SURVEY QUALITATIVE RESULTS 37 CASE STUDY TOWNS 41 CONCLUSIONS 55 ANNEXES A - Project Plan B - English Local Authority Regulations Used in Review C - Licence Fees in Selected Council Areas in England D - Potential Pavement Tables and Chairs Location in Belfast E - Potential Pavement Tables and Chairs Location in NI F - Email Requesting Interview G - Town Centre Manager Interview H - Business Questionnaire Information Leaflet I - Business Questionnaire J - Business Questionnaire Non-Response Analysis 58 59 60 61 62 63 64 65 66 70 SOURCES AND BIBLIOGRAPHY 71 3 4 EXECUTIVE SUMMARY i. An appraisal of café culture in Northern Ireland is being carried out by Social Policy Unit (SPU), within the Department for Social Development (DSD). This report is mainly concerned with pavement cafes and the contribution they can make to the development of a café culture. The team has been tasked with assessing Northern Ireland’s existing café culture, highlight current issues and to make recommendations to the Minister. Analytical Services Unit (ASU) were asked to complete the statistical/research element of the appraisal on behalf of SPU. ii. The appraisal took place over several stages, all of which are presented in this report. A project plan was established and can be seen in the Annexes. The appraisal included a literature review, a series of interviews with town centre managers and development officers in towns and cities and a survey of businesses across Northern Ireland. The meetings with town centre managers and development officers allowed statisticians from ASU to establish the settlements which had established, emerging and no café culture. This resulted in towns being classified as follows: Existing Café Culture Emerging Café Culture No Café Culture Belfast Coleraine Holywood Portstewart Newry Ballymena Armagh Lisburn Newcastle Newry Warrenpoint Enniskillen Ballymoney Antrim Ballycastle Downpatrick Dungannon Larne Limavady Londonderry Lurgan Portadown Strabane iii. Site visits were made to a sample of these towns to identify and photograph physical examples of existing café culture and any issues which may be a barrier to preventing café culture. iv. Café culture is considered as having a positive effect on urban environments and contributes to life within the public realm and outdoor spaces. It is recognised by various stakeholders that pavement cafes are positive for an area but current legislation is not conducive to a café culture in Northern Ireland. A section of this paper, part of the literature 5 review element, looks at the legislation in Northern Ireland and in others areas of the UK in more detail. v. With tourism increasing in Northern Ireland and café culture being associated with a more European, progressive society, an appraisal of pavement café legislation could help Northern Ireland’s image improve further. Visitor numbers have been increasing over the past few years, as shown on the graph below and revenue from tourism has climbed 40% between 2003 and 2008. Visitor Trips (000s) 2150 2100 2050 2000 1950 1900 1850 1800 1750 2003 2004 2005 2006 2007 2008 vi. For the purposes of the appraisal, café culture is defined as pavement cafes, that is, the placement of tables and chairs on the footpath or other such area at the front of a business premises (with or without an alcohol licence), for use by customers of that business. vii. The main findings of the work of ASU were that café culture is seen as a positive element to modern urban areas. This was expressed by businesses, town centre managers and development officers across Northern Ireland. However, current legislation is confusing and needs overhauled. This requires joined up working and consensus from a variety of departments and agencies to succeed. The introduction of effective licensing could provide a new revenue stream. 6 REVIEW OF THE LITERATURE ON CAFÉ CULTURE with specific reference to best practice, licensing regimes & health benefits 7 INTRODUCTION 1. An appraisal/assessment of café culture in Northern Ireland is being carried out by Social Policy Unit (SPU), within the Department for Social Development (DSD). The team was tasked with assessing Northern Ireland’s existing café culture, highlight current issues and to make recommendations to the Minister. As an element of the overall project plan for café culture research, this literature review will consider key elements of Northern Ireland’s café culture, with particular reference to health benefits, licensing regimes and best practice within those regimes. 2. It is evident that café culture is starting to develop in certain cities and towns at this moment. Given the issues that this unregulated spread may introduce, the Department for Social Development is taking steps to ensure proper legislation can be developed and put in place to ensure café culture can progress across Northern Ireland in a uniform, fair and safe fashion. As part of that process, SPU is gathering evidence, as described in the work being carried out by ASU above, to inform its work. The purpose of this research was to review the existing literature, mainly in relation to legislation and initiatives that have been undertaken in other jurisdictions to regulate and control café culture. 3. Emerging café culture has other effects beyond legislative. This review is also tasked with looking into areas such as health and other benefits and issues that may arise in an area with café culture. 4. The recent public realm strategy developed for Belfast City Centre details the need “to improve the quality, accessibility and safety of the public realm……………., in order to contribute positively to the economic and social viability of the city.” A controlled expansion of café culture can only help to develop a town or city, Belfast or otherwise, in this manner. The strategy also highlighted the current Roads (NI) 1993 Order and the fact that it does not allow for tables and chairs on footpaths outside cafes, an important element of pavement cafes and café culture. 5. The literature review has concentrated on the areas which are seen to be most relevant to the review of café culture in Northern Ireland including : legislation; legislation in other jurisdictions; health impacts; economic impacts. 8 6. The literature review found no studies of café culture or pavement cafes in Northern Ireland. 7. A number of local authorities in England publish guidelines and procedures in relation to the permissions required for pavement cafes. The detail provided in these documents varies in depth and detail. This report has gathered all the relevant points of interest from these local authorities which may be relevant to a review of café culture in Northern Ireland. They are presented in Section 2. 8. In attempting to adopt an international perspective, this review hoped to focus on specific comparable international jurisdictions. However, information on legislation and procedures beyond the UK and Republic of Ireland proved unattainable. 9. The findings from the literature review show that there are perceived benefits and problems with an increase of pavement cafes. Café culture promotes areas that are seen as more friendly. With increased footfall and customers on the streets, crime can be more difficult to commit. Pedestrianisation increases as businesses lobby for the protection of the atmosphere they create. Low traffic, less crime and an improved atmosphere attract more people to the city centre. 10. Café culture has also been accused of having negative effects on an area. The most mentioned is the litter produced by outside dining. Litter can also encourage unwanted activity beyond humans, such as pigeons or rats, if it is not cleaned to a reasonable standard. There are also issues regarding pedestrian and disabled access and ensuring no obstruction to public footpaths are in place. In the event of an accident, there can be confusion over liability. 11. The licensing procedures across the UK are all fairly standard, with slight variation from council to council on certain elements, such as fees, hours of operation etc. The main areas covered by regulation are detailed in Section 2.2. 12. One thing common across the UK and Ireland is that pavement café licences are considered and issued by the relevant local authority and not by any central government body. 13. The issue of coffee and health is one of intense debate. Some links have been drawn between café culture and improved health. There is also a large amount of research available suggesting both positive and negative medical effects of drinking coffee. 14. Some articles on café culture have suggested that while the concept is desirable, the UK is too culturally different to mainland Europe to be able to engender a similar cosmopolitan vibrancy to city centres. 9 15. The findings presented in this report will require consideration in terms of the ways in which future legislation can promote café culture in Northern Ireland. 10 BACKGROUND CURRENT LEGISLATION IN NORTHERN IRELAND 1.1 Introduction 1.1.1 This literature review was commissioned in order to support the work of Social Policy Unit through the provision of evidence to inform the review of café culture across Northern Ireland. 1.1.2 It is recognised that the review of café culture across Northern Ireland is taking place in order to consider specific issues relating to legislation. Current legislation is restrictive and not specifically suited to café culture. Development is also hindered by the legislation relating to street furniture, an intrinsic element of café culture, being placed within the remit of a division, Roads Service, which has its own focus as part of the Department for Regional Development. 1.1.3 The review will consider the current elements of Northern Ireland’s law that is relevant to any café culture scene, regulation within other jurisdictions that seek to allow pavement cafes to exist, health issues, perceptions and the benefits and issues that are associated with café culture. The review hopes to bring forward examples of good practice aimed at striking a balance between the development of a sector and fair legislative framework for it to work within. 1.1.4 This research provides information to inform the work of Social Policy Unit in relation to current legislation and initiatives that have been undertaken nationally and locally. Background 1.1.5 The rapid spread of coffee shops across towns and cities has been noticeable over the past few years and a natural rise in café culture has become apparent. While this emerging sector is a positive development in many respects, it is also acknowledged that robust, modern legislation should be developed to regulate the sector appropriately. Given the nature of pavement cafes, there are certain risks that go with allowing café culture to expand unchecked. 1.1.6 For the purposes of this review, a pavement café is defined as any business (with or without an alcohol licence) which would propose to provide a designated outdoor area furnished with tables and chairs to be used by customers to their business. 1.1.7 At present, the law addressing the issues related to pavement cafes (i.e. the placement of tables and chairs on a footpath) in Northern Ireland is contained in the Roads (Northern Ireland) 11 Order 1993 and associated legislation. 1.1.8 The current law in Great Britain is contained within the Highways Act 1980, Section 115. 1.1.9 Café culture is associated with mostly positive impacts to its surrounding environment and contributes to the development of the public realm and extended / night-time economies of a city. 1.1.10 Café culture is also seen as something that promotes a more positive atmosphere and a vibrant, lively mood to a public space, one which will fit in well with the many public realm projects currently ongoing across Northern Ireland. 1.1.11 In terms of Northern Ireland, there has been no research in relation to the impact or proliferation of café culture that could be found. As such, any economic figures or user surveys will mainly relate to Great Britain and it will be made clear, where any figures are quoted or statements made, exactly what jurisdiction it is to which they relate. 1.2 COMMENTARY ON CURRENT NI LEGISLATION 1.2.1 Footpaths come under the jurisdiction of the Roads Service and the Department for Regional Development. As stated above, the Roads (Northern Ireland) Order 1993 regulates the placing of street furniture on footpaths. Specifically, Article 71 of the Order states: “Any person who erects any building, wall or fence on a road otherwise than in the exercise of a statutory power shall be guilty of an offence and liable……. to a fine”. In other words, anyone placing any item in a street without statutory permission will be committing an offence. 1.2.2 There are other sections of the Order that may be relevant when discussing café culture. Section 88 deals with obstruction of roads: “Any person who…….. obstructs the free passage along a road shall be guilty of an offence………”. Section 90 relates to pitching stalls or offering things for sale on a road. Similarly to Section 88, anyone pitching a stall or exposing anything for sale is guilty of an offence. For these circumstances, under the Street Trading Act 2001, an appropriate licence is required. These are obtained from the relevant district council. However, the Street Trading Act does not currently cover extending onto the footway while trading from a shop. 1.2.3 The development of pavement cafes is further complicated by a range of other issues and bye-laws which must also be taken into account, such as planning considerations towards permanent 12 structures, alcohol bye-laws, alcohol licensing, litter, noise and the aesthetic image of the area. 1.2.4 Planning issues become apparent if permanent structures are considered. Planning applications take time and this may be an issue for small businesses looking to adapt their business plans to café culture quickly. Alcohol bye-laws restrict the drinking of alcohol in designated areas, which may affect the evening economy of cafes. Also, current alcohol licences do not extend beyond the physical premises for which they are granted. The question of ownership relating to health & safety, liability, noise and litter problems on pavements has been an issue in other cities. Licence conditions can be used as a measure of control but these need to be clear and enforcement would be a further issue. The image of a city may not necessarily be improved by allowing café culture to flourish. Careful consideration should be given to the type of establishment and the street furniture allowed. 1.2.5 Many elements require consideration in the development of any new legislation in this area. Elements may include the body responsible for enforcing the legislation, the allowances within any new framework and/or any fees or charges. The impact of allowing expansion in café culture in specific areas, the decision making process for licensing applications and what factors the licence controls should also be closely examined. 1.2.6 There is good reason for consideration of the sector at this time. Belfast is looking to compete with other European cities for tourist spending and a more cosmopolitan feel can entice more visits. Along with the tourist economy, café culture can also stimulate the evening economy, something which is scarce in Belfast beyond the pub-based nightlife. The Department for Social Development has also been investing on public realm projects and pedestrianisation, across regional towns and cities in Northern Ireland. Café culture complements these initiatives and helps to engender a positive atmosphere in a public space. 13 REVIEW OF THE LITERATURE (GB) 2.1 BACKGROUND 2.1.2 Reliable, unbiased literature and research on café culture and the impact of pavement cafes and its associated issues has proved difficult to obtain. However, some details have been acquired. 2.1.3 Coffee consumption has been rising rapidly in the United Kingdom over recent years, while tea sales have actually fallen. Britons now spend more on coffee than they do on tea. 2.1.4 It has been difficult to obtain economic information on the size and impact of the sector. While much has been written of the more illustrious chains within the sector and their success in changing public tastes and activities, actual industry sales and value has not been easy to source. Despite contact with industry bodies, it has been found that there is no real interest in assisting or providing information beyond their membership organisations. 2.1.5 The small amount of information that has been obtained shows that national spend on coffee was £738m compared to £623m on tea in 2007. Figures suggest that the coffee shop market achieved sales of £1.63billion in 2009, up 6.2% on 2008. Coffee chain shops have been opening at an exponential rate. In 2009 there were approximately 4,200 branded coffee shops, such as Starbucks, Nero’s and Costa Coffee, across the UK (this was up from around 3,000 in 2007). Including independent coffee shops and nonspecialist shops, that total is estimated to be around 11,000 in 2009. 2.1.6 Figures from the International Coffee Organisation show the consumption of coffee by 60kilo bag imported to specific countries. Between 2000 and 2008, consumption in the UK rose from 2.3million bags to 3.1million bags, a rise of 31%. In the same period, consumption in America rose by 16%, across the European Community it rose by 5% and consumption in France actually decreased. 2.1.7 The success of Starbucks is worth considering as a touchstone for the increasing prevalence of café culture throughout British towns. The brand entered London, in 1996, with virtually no coffee culture to speak of and had expanded to 200 outlets within seven years. (For comparison, in America it took Starbucks twenty-one years to grow from one café in 1971 to 165 cafes when it floated on the stock exchange in 1992). The recent expansion of this brand, what is perhaps thought of as the McDonald’s of the coffee industry, has been a factor in the rise of café culture. However, the opportunity 14 may be present to use this phenomenon and establish a café culture off the back of this rise in ”fast food” coffee. 2.1.8 Along with the rise in consumption, some articles hypothesize on the role of legislation towards encouraging the growth of pavement cafes. Street cafes are widely associated with Europe, where legislation allows for family drinking in public. What can be seen as a result is that cities are considered safer, there are more children in city centres and streets are claimed for the pedestrian and not for traffic. 15 REGULATION AND CONTROL OF CAFÉ CULTURE (GB) 2.2 GB REVIEW & LEGISLATION 2.2.1 The general legislative arrangement across Great Britain when regulating tables and chairs on footpaths is to issue licences or permits which allow street furniture to be placed on footpaths, dependent on restrictions that may be set within any licence. 2.2.1 When dealing with the issue of pavement cafes, local authorities in England and Wales operate under Section 115 of the Highways Act 1980 (with the exception of the City of Westminster in Greater London). However, each local authority has its’ own process of applying for the necessary permissions and some specific English authorities are highlighted below in more detail. 2.2.2 Section 115 is too large to reproduce but in short, it allows a council to grant permission to place objects or structures on a footpath to enhance the amenity of the highway; to provide a service; to provide recreation/refreshment facilities; or for advertising. If an income is resultant from the objects or structures, the council must first obtain the consent of adjoining occupiers. Other conditions may be imposed by the council and provision is also made for dealing with any breaches of conditions. A 28 day notice, affixed to the premises, must be in place prior to permission and a copy of the notice must also be sent to any occupier likely to be affected. A council is obliged to consider any objections or correspondence received as a result of the notice. 2.2.3 The City of Westminster is unique in England as it created its own specific legislation, the City of Westminster Act 1999, to address the issue of street trading and street furniture. It was felt that the Highways Act was not fit for purpose in the case of street furniture at cafes and instead treated the issue as street trading. The 1999 Act introduced a council-run licensing scheme similar in its application process to that described in the Highways Act above. However, the 1999 Act gave City of Westminster the power to set its own fees as appropriate, including clauses which allowed the council to recover costs for refuse removal, street cleaning and any other costs (Section 22). This did not form part of the Highways Act. In a 2004 review of access in the public realm in Westminster, pavement cafes were noted as being an important asset but the potential obstruction of footpaths was an important issue and access for the disabled, particularly including the visually impaired, should be an issue raised clearly at licence application stage. 2.2.4 Prior to actually making an application, the detail provided by local authorities on their pavement café regulation varies in depth, some provide one side of A4 and some provide substantial booklets. However there is a large degree of commonality as to how 16 authorities regulate across England. The councils that were researched as part of this review can be found in Annex B. Rather than go through each council, it is more appropriate to highlight the common themes and unique issues across the various factors relating to the legislation. 2.2.5 Most licences are valid for one year, the majority operate from the day they are granted but some operate on a financial year basis (April – March) and renewal is due on 1st April each year, regardless of when the first licence was issued. There are some exceptions to the one year licence; for example, Wigan Council’s licences are for a two year period from the time granted. 2.2.6 Many councils will actively mark out the pavement café area, once agreed, by placing metal studs in the pavement. This is at the licensees expense. In general, most councils require the location/size of the pavement café to leave at least 1.8 – 2.0metres between the kerb and the licensed area. In the case of busier pedestrian areas, councils may make a judgement that this distance may be larger. Access to the premises fronted by the pavement café must usually be through an unobstructed corridor of 1.5metres. Some councils also specify that cafes cannot be placed within a certain distance of a junction to allow good visibility for motorists to remain. Typically, this distance is fifteen metres. Any change in layout must be notified and agreed and if this is not done, councils can revoke licenses with immediate effect. Emergency service access must be protected at all times (in pedestrianised areas a corridor of 3.5metres is expected). Some authorities specifically restrict pavement cafes only to the frontage of the applicant’s premises. Other councils require consent from affected neighbouring businesses. Nottingham City Centre has identified specific areas where applications will not even be considered. There are also areas in cities which will not be considered for pavement cafes due to air quality issues arising from traffic. Pavement cafes must be visible from inside the applicant’s premises. 2.2.7 Many, but not all, councils insist that all pavement café areas need to be enclosed to allow other footpath users to distinguish it, particularly to assist the blind and visually impaired. The design of barriers should always complement the area and must have solid elements at specified heights above ground level. In general, rope barriers are not considered suitable. Planters can also be considered. All equipment relating to barriers must be removed out of the specified operating hours of any licence. Therefore materials must be sturdy, yet lightweight enough to be moved daily. Advertising on barriers is tightly controlled by some councils, while others make no mention of it in their regulations. Where it is specified, advertising should relate to the food or drink being sold on the premises and not be overly dominant. Nottingham does not 17 allow brewery or product branding. Any permanent barriers are likely to require planning permission. 2.2.8 All councils discourage plastic garden furniture and insist that all chairs and tables must be of a high quality and uniform style. Details of furniture must be provided with some licensing administrations. All tables and chairs should be stable and kept in good repair. Where umbrellas are allowed (not all councils allow umbrellas), they should be fabric type (non-reflective). Umbrellas must not overhang the boundaries agreed in the licence. They must be suitably secure and balanced to withstand wind. Some councils that allow advertising on umbrellas limit logos to 150x450mm in size. Any additional furniture eg. A boards / heaters must be included in any application and permission is generally at the discretion of the council. Furniture should be positioned so as not to impair vehicle sight lines. Like barriers, all furniture must be stored off-street when the business is not operating. All customers must be seated. 2.2.9 All pavement cafes are expected to have enough staff to cope with the potential increase in customers an outdoor area may bring. All tables must be served by waiting staff and the operator is responsible for keeping the area clean and free of litter. Vacated tables should be cleared as soon as possible to prevent litter and unwanted animals, such as pigeons. Noise disturbance and unpleasant smells are also not allowed and may breach conditions of licence. The conduct of customers is also the responsibility of the licensee. Toilet facilities must also be appropriate to cope with increased trade. Any required lighting must be attached to the building in which the café is based, unless the café area is detached from the premises. 2.2.10 Not all guidance provided by the local authorities specifies their stance in respect of operating hours. Of those that do, there is variation. Tameside licences operate from 9am-9pm. Preston City Council ask that all furniture is removed from the street by 7pm. Liverpool’s guidelines do not specify times but make reference to the development of the city as a 24 Hour City. Herefordshire licences allow opening between 8am and 10.30pm. Calderdale and Nottingham allows trading to 11pm. 2.2.11 The vast majority of authorities demand insurance for a minimum of £5million in respect of any one incident, which must indemnify the authority from any claims arising from use of the highway for the permitted purpose. 2.2.12 If the planned café is likely to affect other frontages, or in some cases even if it isn’t, councils require notice to be posted in the window of the applicant for 28 days to inform of the licence application and allow any comments to be presented to the council. 18 Comments are taken on their own merits and all are considered. Where frontages are directly affected, permission must be sought from that business. The notices are supplied by the councils to ensure consistency in wording. In Taunton Deane, the council will also place a notice in the local paper and send notification to the town centre manager, police, fire and environment agencies. The licence does not confer any ownership rights to the licensee and the area affected must be cleared if maintenance or repair is required. Councils state they are not liable for any loss of business under these circumstances. 2.2.13 Fees for licences vary significantly. Of the local authorities researched, (outside of the City of Westminster) the cost of a new licence ranged from £150 in Tameside (west of Manchester) to £1,000 in Taunton Deane Borough Council. Renewals range from £100 in Tameside to £800 in Taunton Deane. Some councils charge a flat fee that does not differ for renewals or new licences. Wigan charges per area (£250 if less than 10m2, £400 if greater than 10m2) but these charges are for two year licences. Calderdale Council charges £206 for cafes that intend to operate no later than 7pm, £309 if beyond that time. A list of selected licence fees can be found in Annex C. 2.2.14 In the City of Westminster, the fee is dependant on the number of chairs a café intends to have. Licences operate to 7pm and there is an additional charge for each hour past that time also. There is also a supplement added to new applications, which is not payable for licence renewals. The payments applicable are as follows: Table 1: City of Wesminster table and chair fees No. of Chairs Fee (£) 1-4 5-9 10-16 17-23 24-36 37+ 325 500 900 1,300 1,750 2,400 New App. Supplement (£) 50 75 110 175 200 300 Hourly Charge Beyond 7pm (£) 7 11 15 21 28 38 2.2.15 In Scotland, local authorities regulate under the Roads Scotland Act 1984. Section 59 of the Act is concerned with the control of obstructions in the road. The section is small and vague and is not specific to any premises placing items on footpaths. Councils handle permit requests using Section 59 as the guiding legislation. Additionally, the recent Licensing (Scotland) Act 2005 requires outdoor tables and chairs to be detailed in the licence application. 2.2.16 In Edinburgh, permits can be six or twelve months and standard closing time is 9.00pm. Applicants must now display a notice of intention for 14 days to allow any concerns to be raised prior to the 19 granting of a permit. Permits, once granted, must be displayed at all time and insurance must be in place. Unauthorised items can be removed by environmental wardens and A boards must be within the table and chair area, which should be marked by solid barriers. The cost of a permit varies depending on whether the location is within a world heritage site. If inside such an area the cost is £85 per m2, £65 if outside world heritage boundaries. 2.2.17 In Aberdeen, a similar process as to that used in most English authorities is used. Enclosures cannot be permanent without planning permission, two metres must be kept between kerb and café, furniture must be of an appropriate style and quality, cleanliness must be observed and liability insurance of £5million must be in place. Letters of agreement from potentially affected frontages must be forwarded with any application and cafes must close by 10.30pm. Current costs are £150 annual administration fee plus £25 per chair paid annually also. 2.2.18 Glasgow has a standard annual fee of £175. Planning permission is not necessary for every application but it is advised that the planning authority is contacted prior to application. 20 NOTABLE OTHER REGULATION Literature on jurisdictions outside Great Britain proved difficult to access but what was obtained and proved relevant is detailed below. 3.1 Republic of Ireland 3.1.1 In the Republic of Ireland, local authorities issue licences under the Planning and Development Act 2000 (Section 254) and the Planning and Development Regulations Schedule 12. Regulations made under the Act detail the appliances, apparatus and structures suitable for licensing. 3.1.2 The Planning and Development Act is not specific to pavement cafes and covers other potential street furniture such as vending machines, maps, advertising or cables. The Act does not regulate any structure which needs planning permission or any maintenance work undertaken by a statutory employee. 3.1.3 As with England, the licensing authority can specify conditions in relation to location and design. Other considerations at application stage include local development plans, existing structures (in this case, other pavement cafes) and safety of highway users. A licence can be revoked if it is felt any structure has become dangerous or impairs movement on the highway. 3.1.4 A request for information was sent to the twenty-nine county councils and five city councils in the Republic of Ireland. A total of six replies were received and most were not forthcoming with detail as to the processes and fees involved. 3.1.5 Of those that did provide some detail, Laois and Carlow County Councils advised of a charge of €125 per table. Both confirmed this fee is based on a one year licence. It was later found that the €125 charge per table is standard across Ireland, as stated in Schedule 12 of the Planning and Development Regulations. 3.1.6 The applicant must state in their application letter what period the licence is required to cover. South Tipperary provide temporary licences and issues considered on application are pedestrian/vehicular access, size of pavement café, implications for neighbouring frontages and hours of operation. 3.1.7 Dublin City Council provided the most comprehensive response. Here, applicants meet with the Street Furniture Unit to determine whether a pavement café would be suitable. Then the applicant must place a notice in a public newspaper and place a notice in the current premises. Wording of the notice is set out in Schedule 12 of 21 the Planning and Development Regulations. An application form is also required to be completed and the council will then consider safety, access and size alongside any comments from police, fire, planning and the public. If a licence is then granted, liability insurance for €2.6million is required. The fee structure, compared to others, is convoluted. The annual licence fee is €100, as well as the regulation annual fee per table of €125. Annual space rental on the pavement is also charged by the square metre. Less than four square metres is €200 per year. Over four square metres, the charge varies from €200 to €500 per year depending on location within the city. 3.1.8 A substantial response was also received from Wexford County Council, who provided their licensing conditions. These conditions closely matched those in force in England. Licences operate from 10am to 8pm and there must be a minimum of 1.2m of the footpath left clear for pedestrians. The café area must not extend more than 3m from the shop front. Barriers must be dark coloured and advertising must be approved. Tables and chairs must be robust and stable. Public liability (€6.35million) must be in place and access, if required, must be given to statutory employees. Tables must be served by café staff. 3.2 Europe 3.2.1 Information for other cities across Europe was extremely difficult to obtain. Investigation of Barcelona did not uncover any information from their City Council. One small article was found relating to Paris. Plans were being looked at to reduce the size of the cities central cafes as the outside seated areas were deemed too large and were restricting movement of vehicles in non-pedestrianised streets. 22 HEALTH ISSUES 4.1.1 The effects of café culture on a nation’s health are limited and hard to measure. The role of encouraging people to sit at a table, drink coffee and enjoy a relaxed social setting may not seem immediately beneficial. Therefore, it is important to look at the research that has been published on the health matters related to coffee/tea as well as any information relating to café culture itself. 4.1.2 Café culture is seen as a social phenomenon, encouraging more public interaction, which may bring associated mental health benefits. Pavement cafes have also been described as one element borne as a result of limiting urban sprawl. People will prefer to live in a vibrant, peaceful city compared to a city seen as lifeless and anti-social. By having a population living closer to the city centre, people are encouraged to walk more rather than use forms of transport associated with commuting. A paper released by Birmingham University in 2003 hypothesizes that this effect can be partially demonstrated by obesity statistics. At the time, the US and the UK led the adult obesity tables with 23% and 19% respectively (measured in 2005/06, Northern Ireland had an obesity rate of 24% amongst adults). Societies seen to have strong café cultures had much lower rates (France – 10%, Italy – 8%). These figures suggest that there may be some weight behind the view that café culture brings a health benefit to society. The argument could also be made that these countries simply have better dietary habits. 4.1.3 Coffee itself has drawn much debate and research over its health impacts, both positive and negative. Its effect as a stimulant is well known, as well as potential dependency and withdrawal effects. 4.1.4 Research has hypothesised that, on the positive side studies have shown that coffee drinkers may be less likely to be affected by Alzheimer’s disease and Parkinson’s disease. Coffee can also reduce the incidence of cirrhosis of the liver and is correlated to a reduced risk of certain cancers (oral and throat). Coffee also contains significant amounts of antioxidants. 4.1.5 Alongside all these positive effects, there are also many potential negative impacts of coffee consumption. Coffee contains over 1,000 chemicals and some are known carcinogenics, although exposure levels are not likely to be high enough through consuming coffee. Coffee can also damage the lining of organs and is not recommended to be consumed by those with ulcers. Too much caffeine can also cause anxiety, loss of sleep and, in a cosmetic side effect, causes staining of the teeth. Studies have also suggested a risk of coffee drinking in pregnancy and a risk of iron deficiency in mothers and babies. 23 SUMMARY OF ISSUES RAISED 5.1 THE EVIDENCE PRESENTED 5.1.1 The information presented in the literature review comprised of legislation in the UK and Ireland. This work is intended to help inform the debate in relation to the development of appropriate measures for the control and regulation of pavement cafes within a Northern Ireland context. 5.1.2 The literature review showed that while legislation and control of pavement cafes is the responsibility of individual local authorities, they have interpreted the Highways Act and developed their own procedures in a similar manner. 5.1.3 The key points from the literature review regarding measures to regulate pavement cafes in Northern Ireland are summarised below: For pavement cafes to be regulated consistently, a robust set of guidelines and procedures make it easier for any prospective pavement café owner to determine what is required prior to opening. The pavements in Northern Ireland are currently regulated by the Roads (Northern Ireland) Order 1993. This Order contains no allowance for councils to provide permission for any regulated tables or chairs to be placed on a pavement, unlike the Highways Act 1980, which regulates the issue in England and Wales. A licence fee would likely be required but the level of the fee is set to an appropriate amount for the area in which the café will be situated. Hence the disparity between councils in England, where fees can range from £150 to £1,000 per year. Despite being open to each local authority to independently introduce guidelines and procedures, pavement cafes across England are subject to similar restrictions and similar procedures could be considered for Northern Ireland. . 24 TOWN CENTRE MANAGER INTERVIEWS CONTENT ANALYSIS 25 INTRODUCTION 6.1 For the purposes of the café culture review, all Local Government District’s Town Centre Managers were contacted and asked to take part in a semi-structured interview (email attached at Annex 1, questionnaire attached at Annex 2). From this exercise a wide selection of Town Centre managers in Northern Ireland agreed to the interview to ascertain the level of this type of activity in their respective towns/cities. Interviewees were mainly town centre managers or Economic Development officers with wide ranging geographical areas of responsibility. 6.2 All interviews asked for a business register of the town or area of responsibility and these were mainly available on the Local Government District or town centre websites. The interview then progressed and responses were as follows. Existence 6.3 Of the fourteen respondents, twelve said that there were pavement cafes in their jurisdiction. Two said there were no pavement cafes. However, several of those who initially answered yes to this question subsequently went on to detail that there were actually very few, if even any, pavement cafes in their area. Longevity 6.4 A common reply was that cafes have been reasonably well established (at least 6 years). Equally common was that cafes were recent (2-3 years). A few had a mix of established and more recent cafes and Coleraine reported that the completion of a recent DSD public realm initiative was when some pavement cafes were established. Drivers 6.5 The smoking ban was the most common reply, cited by eight of the respondents. Coleraine, Newcastle and Armagh reported that improved public realm provided by DSD was a driver. Other reasons given were tourism (Newcastle and Enniskillen), an increased wider cultural awareness and shopping footfall creating business opportunities. Seasonality 6.6 Nine respondents said there was no seasonality, four said there was. Of those who said the service was all year round, some noted that usage was seasonal but that tables and chairs still were placed on the pavement all year. 26 Opening Hours 6.7 The majority (ten interviewees) said pavement cafes were provided for normal operating hours only (i.e. generally 9am-5pm). Two stated that bars and pubs would provide tables for longer (but again, this would be within bar/pub normal operating hours). Two areas did note that in summer, some operating hours were extended (Downpatrick and Limavady). Business Type 6.8 The main response was cafes (twelve), followed by restaurants (eight), bars (four) and hotels (three). Permanency of structures 6.9 Twelve interviewees detailed that tables and chairs were all that was provided. One did expand on this to describe the provisions as semipermanent. All were on the public footpath and no surrounds or structures were described. Support for café culture 6.10 Every response to this question was yes. Some expanded and preempted the next question, stating that pavement cafes provide increased vibrancy, meeting places, safety, footfall and an improved aesthetic to a town. The Warrenpoint Chamber of Commerce has already discussed the issue in its meetings. Benefits of café culture 6.11 The benefits put forward were (in order of frequency): improved atmosphere, greater footfall, an improved night time economy, increased tourism, healthier lifestyles and proper legislation for the enterprise. Problems with café culture 6.12 Potential problems/issues (again in order of frequency) were: access issues (particularly for the disabled), litter, the current state of public realm (mainly that footpaths are too narrow, steep or uneven), antisocial behaviour and on-street drinking, health and safety and ownership of liability, the licensing arrangements, increased traffic and policing issues. DSD’s assistance with problems 6.13 Assistance with pedestrianisation, the public realm and, in particular, wider footpaths were mentioned repeatedly. This was followed by DSD drawing up new legislation to properly police and inform this sector. 27 Other comments were the provision of a single authoritative body, rather than the current departmental mix of responsibility, incentives for businesses to establish pavement cafes and to address this issue alongside street drinking laws. Perceived business attitudes toward café culture 6.14 Most had encountered a lack of interest or had no approaches from local businesses. Three interviewees stated that their town had a selfregulating structure that the business operated amongst themselves. Three expressed some sense of interest from businesses, while two had approaches from businesses who thought tables and chairs were prohibited. Many of the smaller towns said that a lot of their businesses were generational enterprises and are stuck in their ways, most of these have no ambition to change or diversify. Public stated attitudes toward café culture 6.15 Nine respondents had received no comments from the public. Four cited some positive feedback, while two had complaints that tables currently provided block footpaths. Additional comments 6.16 This question again raised the issue of pedestrianisation being an important element of encouraging pavement cafes. Other responses were: By providing proper legislation, businesses may be more likely to establish pavement cafes. The idea is popular in the area but concerns outweigh the positives with local decision makers. Enniskillen has a ‘rights ownership’ regarding street trading. Requests are dealt with by Enniskillen Marts rather than the council. Newry highlighted current public works which have scope for introducing more café culture into the town. One respondent mentioned one business that had ‘red tape’ issues previously and this has put others off. Some small towns were described as copy cat towns, if one pavement café was established a domino effect would likely occur and others would follow suit. Ballycastle highlighted one other prohibitive factor due to the layout of the town. Parking was an issue in and around the area where café culture would be suited. A lot of towns have beer gardens and similar areas but these are in the back of premises and would not be considered as part of a café culture review. 28 BUSINESS SURVEY QUANTITATIVE RESULTS 29 METHODOLOGY 7.1.1 The survey in Annex I was sent out in late April 2010 with a closing date for return of 7 May 2010. Using the latest Experian dataset of shops in Northern Ireland, all businesses classified as cafes, restaurants, public houses and bars / wine bars were extracted. A representative sample was then taken using SPSS to ensure a spread across the country. 7.1.2 954 surveys were sent out by post. 122 (12.7%) completed surveys were returned and included in the analysis. Two surveys were returned incomplete and were not included in the final analysis. A total of 737 establishments did not return the survey. 93 (9.3%) were returned ‘not at this address’ and this information will be passed on to Experian for their records. 7.1.3 Of the two surveys that were returned but were not included in the final sample analysed, one was returned but not completed at all and one was returned completed incorrectly (the respondent made their own definition of a pavement café and completed the questionnaire under this assumption, including tables and chairs that it provided which were on private property). ANALYSIS Response 7.2.1 Of the surveys returned completed (122), the majority were from businesses classified as cafes. The remainder was made up almost entirely of restaurants and public houses. Response Classification 2% 19% Café Restaurant 59% 20% Pub Bar/ Wine Bar 7.2.2 Analysis of the responses, non-responses and of those returned ‘not at this address’ can be found in Annex J. 30 Provision of Pavement Café Facilities 7.2.3 Of the completed responses, fifty-three businesses (43.4%) considered that they provided pavement café facilities as part of their business. This left sixty-nine (56.6%) establishments that do not provide pavement café facilities. 7.2.4 Of the fifty-three that do provide facilities, three-quarters (40) were cafes, with a small number of bars, restaurants and public houses making up the remainder. Providers of Pavement Cafe Facilities 9% 2% Café 13% Restaurant Pub Bar/ Wine Bar 76% 7.2.5 Cafes were also most likely to be non-providers of pavement café facilities (but this is to be expected as cafes made up the majority of the responses received). However, amongst those that do not provide facilities, the response was more evenly spread than amongst those that do. Cafes made up just under half of the responses and restaurants and pubs each made up a quarter of the completed surveys. Non-Providers of Pavement Cafe Facilities 1% 26% Café 47% Restaurant Pub Bar/ Wine Bar 26% 31 Location 7.2.6 As expected, the majority of replies both providing and not providing came from Belfast. Similarly, Lisburn, Bangor, Antrim, Portadown and Ballymena returned multiple responses in both categories. Londonderry, the other major city, had five responses to the survey, none of which detailed provision of café culture facilities. 7.2.7 Interestingly, Ballycastle had two returns from businesses stating they do provide pavement café facilities. However, on visiting this area and interviewing the Development Officer, the conclusion was that café culture did not exist in any significant form. Similarly, Coleraine had four responses that all reported no pavement café facilities, following the town having been identified as having an established café culture. Location of Responses 25 20 15 10 5 Be l Ba f as t lly m en C a ol er ai ne Li sb ur n An tri m Ba ng C or oo ks to Lo nd wn on d Ba erry lly ca Po stle rta do w Ar n m En agh ni sk H ills ille n bo ro ug N h ew ca st le N N ew ew ry to w na rd s O th er s 0 Town Provide Don't Provide 32 Reason for Providing Pavement Café Facilities 7.2.8 Respondents who stated they provide pavement café facilities were then asked what the reason behind that decision was. The main responses were split between the smoking ban and that it was a business decision, to increase revenue etc. Nearly one-fifth of the responses also cited improved public realm in their area as a driver for this change in their business. Some responses included several of the options provided so totals will not tally with previous counts. 7.2.9 Some other reasons given included; improving the local atmosphere, appealing to tourists, providing a more continental theme and customer demand. Reasons for Providing Facilities 15% 28% Smoking Ban Improved Public Realm Business Decision 36% Other 21% Seasonal Provision 7.2.10 Respondents were next asked whether their pavement café facilities were provided all year round or on a seasonal basis. Thirty-three (63.5%) of replies stated that their facilities were provided all year. Of the eighteen that provided on a seasonal basis, only two were from what would be considered tourist towns (Ballycastle and Enniskillen). Other locations that provided seasonal facilities included Strabane, Aughnacloy, Lisburn, Magherafelt and Lisnaskea. This would suggest that seasonal provision may be more weather-driven and not necessarily tourist season-driven. One respondent advised that their provision was seasonal as the business was closed between October and March and one respondent did not complete this question. 33 Other Furniture 7.2.11 The survey then asked about other street furniture that may be provided. A lot of the comments that came back from the survey suggested confusion amongst businesses as to the legislation and planning regulations. Around half (26) provided only tables and chairs. However, there were numerous examples of businesses that had provided more than just tables and chairs. Eighteen businesses provided barriers or fencing of some kind (15 of these were cafes). Six provided umbrellas and three provided patio heaters. Overhead canopies / awnings were also prevalent and one respondent stated that flower boxes were part of their pavement café facilities. Future Provision 7.2.12 Those who responded that they currently do not provide pavement café facilities were asked would they consider providing this service in the future. Would you consider providing pavement cafe facilities in the future? 19% 45% Yes No Maybe 36% 7.2.13 The feeling is a positive one, with those at least considering the possibility being 64% of the response and only 36% completely ruling out pavement café facilities. However, this service is more suited to cafes specifically, as opposed to pubs and restaurants. In light of that, it is interesting to note that of the 25 that did completely rule it out, the majority were pubs and restaurants (only 9 were cafes). Inversely, of the 44 that were positive in their response, 23 were cafes. In favour of increasing the sector 7.2.14 All respondents were then asked if they would be in favour of an expansion in café culture. 64.8% were in favour of expansion, with 22.1% not in favour. Responses were skewed slightly from this result when taking those who currently provided and those who do not 34 provide separately. This was as expected, as those who do not provide such facilities currently were less in favour of expansion and vice versa. The following table shows the results for each category. Currently Providing % In favour 71.7 Undecided 11.3 Not in Favour 15.1 Not Completed 0.0 * Totals may not add to 100 due to rounding. Currently Not Providing All responses 59.4 13.0 27.5 0.0 64.8 12.3 22.1 0.8 7.2.15 Between business types, the café sector was most in favour of expansion, with slightly more in favour when compared to restaurants. Public houses were less inclined to support an expansion. On street drinking was a common issue raised in the survey and this is likely to be one reason pubs would be less keen to support pavement facilities and the possible issues it may develop outside a licensed premise. % In favour Undecided Not in Favour Not Completed Cafes Restaurants Public Houses 65.3 13.9 19.4 1.4 64.0 4.6 24.0 0.0 60.7 8.7 30.4 0.0 35 36 BUSINESS SURVEY QUALITATIVE ANALYSIS 37 8.1.1 As well as asking respondents for information on the facilities they provide, the survey of businesses also asked for any comments or opinions on café culture that the respondents were willing to provide. Below is an overview of the general themes included in those responses. Benefits Envisaged / Encountered with Providing Pavement Café / Café Culture Facilities 8.2.1 Pavement cafes were seen as a positive development in an area, creating a more cosmopolitan, relaxed atmosphere with outside dining. This was mentioned also in relation to increased tourism. 8.2.2 Café culture also had positive business effects with outside facilities increasing awareness and footfall to both the cafes and other nearby businesses. There was a noted potential for increased advertising also. 8.2.3 The smoking ban was a commonly mentioned issue, outside seats encourages more custom from smokers (as well as dog walkers). 8.2.4 There was a general feel good factor towards pavement cafes from the responses, particularly when good weather was involved, with customers enjoying people-watching and the on-street furniture creating a more aesthetically pleasing high street. With businesses feeling a sense of ownership of the pavement space, it was also thought that the streets would be kept cleaner by the businesses if they have a stake in cleanliness of the outdoor environment. Issues Envisaged / Encountered with Providing Pavement Café / Café Culture Facilities 8.3.1 There was a wide range of responses to this question, the most common being around the themes of litter, theft (including non-payment of bills), antisocial behaviour. Businesses were concerned about the hassle that may come from having to deal with non-customers using the facilities they provide. 8.3.2 Another common response was related to current public realm provision. Footpaths can be too narrow or uneven and some businesses could be less thoughtful in the placement of their facilities. It was thought important to take into account pedestrian usage, the disabled / blind and buggies / prams etc. 8.3.3 Other issues included a lack of clarity over who actually is responsible for the administration of pavement cafes (DRD or councils?), planning, councils not being in favour of providing on-street facilities, health and safety / insurance issues and the general bad weather in Northern Ireland. 8.3.4 Several responses were concerned about traffic fumes and one response thought having smokers outside would detract from their business. 38 What Can DSD Do To Address Issues Raised 8.4.1 A lot of the responses to this question raised issues that fall under the remit of other departments but most responses were related to those issues raised above. Urban design and public realm issues, such as improved lighting, planting, wider footpaths and pedestrianisation were mentioned. 8.4.2 Administrative issues were also common. This included introducing specific legislation, making the application process simple and clear, reducing the cost, having regular inspections and issuing specific licences and consents. 8.4.3 Cleanliness and the regular emptying of bins was raised several times and increased security and enforcement of laws was suggested. General Attitudes of Businesses 8.5.1 The vast majority of responses to this question were of a positive nature. Many did lend their support as long as footpaths were kept clear of obstruction and tidy. 8.5.2 Some were completely against the idea. There was some feeling that Northern Ireland is a pub culture and café culture would not work. Many were of the opinion that councils would not be interested in promoting pavement cafes and the potential legal ramifications were a concern. Additional Comments 8.6.1 Again, the majority were positive and in favour of café culture but felt that more assistance could be provided to develop the sector. Again the drinking culture was raised and there is concern that promotion of this could lead to an increase in on-street drinking. 8.6.2 Issues raised earlier, such as clear legislation and cleaning and security issues, were raised again. 39 40 CASE STUDY TOWNS 41 Introduction 9.1.1 Following the process of interviewing the town centre managers, the responses received were used to classify each town as; having no café culture, having an emerging café culture or having an existing café culture. 9.1.2 This was dependant on the number of establishments providing pavement café facilities and by how long these services have been in existence. The results were as follows (chosen case study towns are in italics): 9.1.3 Existing Café Culture Belfast Coleraine Holywood Portstewart Emerging Café Culture Newry Ballymena Armagh Lisburn Newcastle Newry Warrenpoint No Café Culture Enniskillen Ballymoney Antrim Ballycastle Downpatrick Dungannon Larne Limavady Londonderry Lurgan Portadown Strabane Once the case study towns were identified, maps were created using the most up-to-date Experian data. Visits were then made to each, using the maps as guides, to examine the current provision and to photograph any relevant areas or examples. Towns were chosen to give a good range of size (population and geographical) and to provide a wide coverage of Northern Ireland. 42 Considered As Having Established Café Culture - BELFAST 9.2.1 A map of the facilities likely to provide pavement café facilities in Belfast City Centre is below. Belfast, being the capital of Northern Ireland, has the population (around 260,000) to support café culture. The data, obtained from Experian, detailed a total of 152 cafes, 180 restaurants, 127 public houses and 29 bars/wine bars within the Belfast area. 9.2.2 Finding pavement café facilities in Belfast was not difficult. An on-site visit around the Botanic area or through the main shopping area around Corn Market and City Hall found numerous examples and some photos are shown below. Botanic Avenue, Belfast 9.2.3 Many of the sites found in Belfast had more provision than just tables and chairs, as these two photographs show many cafes had barriers either advertising the café or products relating to the services offered inside. The majority of street furniture that was observed was of good quality and businesses had not resorted to cheap, poor quality garden-style tables and chairs. Botanic Avenue, Belfast 43 9.2.4 However, as the photos below show, some facilities were of a more simple standard and used any space available. Bradbury Place, Belfast Corn Market, Belfast 9.2.5 Given the increasing pedestrian areas of Belfast and the current public realm improvement work, the city appears well positioned and equipped to cope with an expansion in the provision of pavement cafes. The Belfast Streets Ahead Phase 1 project is a £28 million public realm scheme taking place currently in Belfast City Centre. The scheme, funded by DSD, involves new granite paving, rationalising and installing new street furniture, putting in new street lighting and public art in 14 of the main streets in the city centre. Work commenced in July 2007 and is on target for completion by March 2011. To date 12 streets have been completed at a cost of £21 million. This has led to a more visually attractive and welcoming area, perhaps best observed in Arthur Street and Corn Market. 44 Considered As Having Established Café Culture - COLERAINE 9.3.1 Coleraine, being the second largest urban area on the north coast, has a reasonably large town centre area and population within the catchment area of that town centre. Most recent population figures show the Coleraine Borough Council area has a population of around 57,000. There has been recent public realm works in Coleraine, aimed at improving the town centre. DSD has spent approximately £1.1million over the past three years in work mainly around the Kingsgate/Church Street area. 9.3.2 From the Experian data, Coleraine has 18 cafes, 27 restaurants and 15 public houses. The majority of cafes can be found around the Diamond area, particularly to the east. On the day Coleraine was visited, pavement cafes were easy to find in the area and most cafes seemed to have furniture on the pavement. Kingsgate Street, Coleraine 9.3.3 Pavement cafes in Coleraine were in a more concentrated area than in Belfast and most were less formal in nature also. The main provision was tables and chairs placed on footpaths. There were less branded barriers, umbrellas etc. The majority of the cafes were found in the pedestrian zone around the streets surrounding the Diamond. This zone has certainly been Church Street, Coleraine 45 conducive to encouraging the growth of the cafes in Coleraine and there is certainly scope for further growth if other businesses are willing and able to expand. 9.3.4 Our visit to Coleraine centre showed that pedestrainisation can be a key factor in café culture. The lack of through traffic provides a much more relaxing, clean and quiet environment. Coleraine still has room for further cafes, the Diamond itself lends itself to outdoor facilties but currently has none. Other pedestrianised zones off Church Street are also suitable. Pedestrianisation in Coleraine Church Street, Coleraine 9.3.5 It is worthwhile noting that, while Coleraine has an established collection of cafes providing pavement facilities, these are mainly located in a small area on the central street through the Diamond and there is little provision away from this area. 46 Considered As Having Emerging Café Culture - NEWRY 9.4.1 Newry is the largest urban area in the south of Northern Ireland and receives a significant amount of cross border trade due to its location near the border with the Republic of Ireland. The city would be the major hub for other towns within a reasonable distance, such as Warrenpoint, Newcastle and Banbridge, as well as Dundalk in the South. The Newry and Mourne area has an estimated 100,000 people living within its administrative boundary. 9.4.2 The most recent Experian data shows that Newry has 5 wine bars/bars, 29 cafes, 77 restaurants and 44 public houses. In the town centre these are found mostly by the river and along Hill Street. Cafes can also be found in the Buttercrane Centre and The Quays Shopping Centre but these businesses cannot provide pavement cafes as they are situated indoors on private premises. 9.4.3 An inspection around Newry showed that, while some businesses were providing tables and chairs for customers, all provision was simple and not entirely in character with the surrounding area. A lot of the provision was also in areas that were not entirely suitable for the placement of street furniture, either in narrow or uneven footpaths. 47 9.4.4 As shown in the picture on the right, most of the street furniture in Newry was basic and aesthetically poor. However, there were a number of areas within the city which would lend themselves to further development of café culture. There are a number of public realm areas which could be used for the provision of tables and chairs in a more comfortable and spacious environment. Given these areas, some of which are shown in the photographs below, there is definitely scope for the further emergence of café culture in the Newry City area. 9.4.5 As can be seen, these areas are much more accessible and suited to pavement cafes and some businesses have begun to take advantage of this, as in the top left photo. However, currently use of these areas for cafes is limited. Consideration could be given to encouraging development of cafes and similar businesses in this area as it is well suited to outdoor provision. 48 Considered As Having Emerging Café Culture - BALLYMENA 9.5.1 Ballymena is the largest town in the Antrim area and would be the main service centre for the region. However, due to its location, Ballymena would not receive a significant amount of trade from outlying towns. Most recent estimates show the council area having a population of approximately 64,000. 9.5.2 From the Experian data, the Ballymena area has 32 cafes, 58 restaurants and 32 public houses. The majority of the cafes in the town centre are in and around the Church Street/Wellington Street area and the Tower Centre. 9.5.3 While Ballymena has some examples of café culture, there is some scope for further development, in particular on the pedestrianised area behind the Tower Centre shown in the photo below. However, development would be difficult in other parts of the town given the current layout and existing public realm. Church Street in particular is very narrow, the road is one lane and footpaths are tight and uneven. The town has no apparent identifiable “zones” of common services. Greendale Street, Behind the Tower Centre, Ballymena 49 Considered As Having No Café Culture - ENNISKILLEN 9.6.1 The two towns considered as having no café culture both have the fewest cafes out of the six case study towns. Enniskillen is the main town in the Fermanagh Council area and has a large number of tourists pass through it annually due to its proximity to Lough Erne. Therefore, there is a definite potential for the development of café culture in the area, given the right infrastructure. 9.6.2 The latest figures show the Fermanagh area to have a population of just over 60,000. However, tourism figures show 185,400 overnight stays in 2007. 9.6.3 Enniskillen currently has 3 bars/wine bars, 16 cafes, 57 restaurants and 40 public houses. Within the town centre, the majority of establishments are located along the main central street from East Bridge Street, through Townhall Street, High Street and Darling Street. However, as can be seen below, the public realm does not lend itself to pavement cafes. As the photos below show, footpaths are narrow and uneven, the street itself is narrow and the few cafes that have provided facilities have put tables and chairs in their doorways or in areas that could cause blockages for prams and wheelchairs and cause issues for the elderly and disabled. 50 9.6.4 Enniskillen certainly has the visitor numbers to support café culture development. A site visit to the town it was also apparent that, given the correct public realm planning and development, there are spaces in the town that could be changed from their current use into areas that could support outdoor dining and socialising. Car Park, Wellington Road, Enniskillen High Street, Enniskillen 9.6.5 Another area to improve the potential for pavement cafes is at least partial pedestrianisation of the main through route of the town. There is currently a one way system and, as shown on the right above, cars park on both sides of the street. If this parking was reduced to one side and footpaths widened, the opportunity to place pavement furniture would increase. This might also encourage drivers to park in the car parks at Wellington Street. 51 Considered As Having No Café Culture - BALLYMONEY 9.7.1 Ballymoney’s position near to Coleraine means it is not seen as a main town in the area. It is also not considered a tourist destination in comparison to other sites on the North Coast (apart from mid May during the North West motorcycle races). Therefore the town is quite small and lacks any major high-street brands. 9.7.2 Despite being a small town, the area is served by its own council, Ballymoney Borough Council, which has an estimated population of around 30,000. This makes it the second smallest council area in terms of population in Northern Ireland. 9.7.3 Ballymoney has the least amount of businesses of any of the case study towns. There are 12 cafes, 11 restaurants and 10 public houses in the latest data held by ASU. 9.7.4 The town centre is consists of one main thoroughfare, High Street. The south end of the street is located on a slope but the north end is relatively flat and pavements are wide enough to provide for furniture. Indeed some public realm works have been undertaken with improved footpaths and some seating being installed. 9.7.5 However, even with these improved areas, as can be seen on the right, the hill in the town makes the provision of tables difficult. If café culture were to be established in the town centre, the most likely place is on High 52 Street, between Church Street and Charles Street. On this stretch, the road is wider and flatter and there are already potential sites where pavement cafes could be located. 9.7.6 While the following photograph shows no street furniture, the café on the corner does provide simple tables and chairs when it feels it is appropriate (generally when the weather is good). However, while perhaps being one of the best locations in the town, it is also one of the busier junctions with a steady flow of traffic. This is one factor that consistently arises when discussing negative elements of pavement cafes. Given the current width of the road and footpaths however, partial pedestrianisation of this one way street is something that could be considered. 53 CONCLUSIONS 54 In summary, from the information presented above, the following conclusions can be drawn: 10.1 Overall, the positive effects associated with coffee and café culture are seen to outweigh the perceived negatives. 10.2 Despite some finer differences in the detail between councils in England, terms and conditions are generally similar in intent and implementation. 10.3 Legislation in England is within the Highways Act but licensing is administered by local councils. Consideration should be given to which bodies would control licensing in Northern Ireland. 10.4 There is confusion between businesses in different council areas in Northern Ireland concerning legislation. A common, clear and transparent legislative framework is required. 10.5 In part, this clarity can be achieved by cross-departmental working and consensus in moving forward. DSD should liaise closely with Roads Service in the development of any legislation to ensure buy-in and determine ownership of future movements of legislation. 10.6 All town centre managers and development officers that were interviewed were keen to see café culture developed in their towns. Resistance was cited at council level in some instances. 10.7 The majority of businesses replying to the survey issued were in favour of the development of café culture and pavement cafes in the future. 10.8 Improved public realm and civic space is important to encourage and promote the growth of café culture. 10.9 Pavement cafes are already numerous in towns and cities across Northern Ireland and the opportunity exists to develop the sector uniformly and provide a revenue stream through licensing. 55 ANNEXES 56 ANNEX A – Project Plan Stage 1 Action Time Scale Desktop Research Gathering appropriate literature in relation to Café Culture, with specific reference to health benefits & best practice 2 Ongoing Establish Appropriate Methodology Interview Town Centre Managers for main towns in each District Council in NI, to establish the level of Café Culture in each town Categorise town as No Café Culture; Immerging Café Culture; Definite Café Culture Jan - Feb From each of these categories select a few towns to base research on 3 Data Capture Surveying Businesses in the towns to gauge impact that café culture has where it exists; the impact it could have if it did exist 4 Mar - Apr Results Document detailing all results from desktop research and fieldwork will be provided. Interim results will be provided where appropriate throughout the project 57 End May ANNEX B – English Local Authority Regulations Used in Review Bradford Metropolitan District Council Calderdale Metropolitan District Council Chorley Council Herefordshire Council Lincolnshire County Council Liverpool City Council Nottingham City Council Preston City Council Reading Borough Council St. Helens Council Surrey County Council Tameside Metropolitan Borough Council Taunton Deane Borough Council Warrington Borough Council Wigan Council Wirral Metropolitan Borough Council 58 ANNEX C – Licence Fees in Selected Council Areas in England Council Tameside New Licence 150 Renewal 100 Surrey 434 300 Preston 296 296 Calderdale 206 if open to 7pm, 309 if open beyond 7pm Chorley 280.50 230.50 Nottingham 300 150 St. Helens 100 100 Taunton Deane Warrington New from £540 if <10 m2, up to £1000 if >40 m2. Renewal from £340 if <10 m2, up to £800 if >40 m2. 650 450 Wigan 250 if < 10m2, 400 if > 10m2 (licence is for two years) Lincolnshire County Council operates fees depending on the number of people catered for. For less than ten people, fees are £50 or £10 to renew, 10 to 25 people licences cost £150 or £15 to renew and over 25 people costs £500 and £50 to renew. 59 ANNEX D – Potential Pavement Tables and Chairs Location in Belfast 60 ANNEX E– Potential Pavement Tables and Chairs Location in Northern Ireland 61 ANNEX F - Email requesting interview “Analytical Services Unit has been commissioned by the Department for Social Development's Social Policy Unit to research the existence (and the potential for expansion) of café culture in Northern Ireland. For the purposes of this project we are defining café culture specifically as pavement cafes. As a starting point we would like to meet to discuss Café Culture in the areas you have responsibility for. The meeting would be short, last no more than 30 minutes and would cover the following areas: 1. An overview of the areas you have responsibility for, 2. Existence, or otherwise, of Café Culture in your area, 3. Attitudes towards Café Culture in your area, 4. The perceived benefits of café culture for your area. I will be call in the coming days to arrange a convenient meeting time.” 62 ANNEX G – Town Centre Manager Questionnaire Pre-amble 1. What geographical area do you have responsibility for? 2. Would you have a business register for the area- would it be possible to share this? 3. Are there any pavement cafes in your area? If yes — where are they (go to Q4) If no — where are they (Go to Q7) 4. If there are pavement cafes in the area a. how long have they been established? b. what were the drivers behind their creation? 5. Is there seasonality to the pavement cafes? a. What would their opening hours be? b. what type of businesses would they be? 6. Is the pavement café on their property; is the structure temporary, semi permanent or permanent? 7. Would you as a dev officer/TCM encourage the development of pavement cafes? 8. Why would you encourage/discourage – a. what are the specific benefits/problems you envisage? b. What could DSD do to address these issues? 9. What are the attitudes of businesses in the area to pavement cafes; (this would include those premises wishing to develop an area or businesses affected by the pavement cafes in existence) 10. Have you received comments (positive or negative) from the public regarding pavement cafes? (what type of comments- type of development, rules/legislation etc.) 11. Given our remit to investigate the prevalence/existence of /attitudes to Café Culture in Northern Ireland is there any additional comments that you would like to make? 63 ANNEX H – Business Questionnaire Information Leaflet Analytical Services Unit within the Department for Social Development is carrying out a survey of hospitality businesses in your area during April 2010 on behalf of DSD’s Social Policy Unit (SPU). WHAT IS THE SURVEY ABOUT? The survey will ask about provision of pavement café facilities and the opinions of businesses towards café culture. For the purposes of this questionnaire, we are defining café culture specifically as pavement cafes, that is, the placement of tables and chairs on the footpath or other such area at the front of your business premises, for use by customers of your business. WILL MY NAME BE USED? The questionnaire is completely confidential and does not ask for your name. No-one will know what views you have expressed and all results will be presented as overall views. Therefore, please be as open as possible in your answers. WHAT WILL THE RESULTS BE USED FOR? Your answers will help assess the current prevalence of café culture and ensure the views of users are taken onboard in relation to any future development plans regarding cafe culture. WHAT HAPPENS NEXT? Please post back survey in the envelope provided by Friday 7th May 2010. The more businesses who take part in the survey, the better understanding we shall have of the issues affecting you. If you have any further queries please contact: Michael Thompson Analytical Services Unit Department for Social Development Tel: 028 90 819942 64 ANNEX I – Business Questionnaire Café Culture Questionnaire Please give an answer to ALL questions which apply to your business. Q1 What town/village are you located in? __________________________________________________ Q2 Q3 Q4 Q5 Which of the following best describes your business? Cafe 1 Restaurant 2 Pub 3 Bar / Wine Bar 4 (Circle only one) Do you provide pavement café facilities for your customers? Yes - Go to Q4 1 No - Go to Q9 2 How long has your business been providing pavement café facilities? Less than six months 1 Less than one year 2 Between 1 and 2 years 3 Between 2 and 3 years 4 Between 3 and 5 years 5 6 years or more 6 (Circle only one) What were the main reasons that led you to provide these facilities? The smoking ban 1 Improved public facilities and surroundings 2 A business decision 3 65 (Circle only one) (Circle all that apply) Q6 What are your opening hours? __________________________________________________ __________________________________________________ Q7 Do you provide pavement cafes facilities all year round? Yes – all year round 1 Only for the summer season 2 Other (please specify) 3 (Circle only one) ______________________ ______________________ ______________________ Q8 Do your pavement café facilities extend beyond tables and chairs? Barriers / Fencing 1 Patio heaters 2 Umbrellas 3 Other 4 (Circle all that apply) ______________________ ______________________ ______________________ Q9 Q10 Would providing pavement cafes facilities be something you may consider in the future? Yes 1 No 2 Maybe 3 Overall, how keen would you be to see an expansion of café culture in your area? Very Much Not At All In Favour______________________________In Favour 1 2 3 4 5 67 (Circle only one) (Circle only one) Q11 Are there any benefits you envisage / have encountered with providing pavement café / café culture facilities? _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Q12 Are there any issues you envisage / have encountered with providing pavement café / café culture facilities? _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Q13 As a government department, what could DSD do to address any issues identified in Q12? _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Q14 What are the general attitudes of businesses in the area to pavement cafes that you are aware of (if any)? _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ 68 Q15 Given our remit to investigate the prevalence; existence of and attitudes to Café Culture in Northern Ireland are there any additional comments that you would like to make? _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ Thank you for your time. Please return this survey in the envelope provided. The closing date is 7th MAY 2010 Your response will remain strictly confidential and no individual business will be identifiable from the results of this survey. 69 ANNEX J – Business Questionnaire Non-Response Analysis Of the 954 surveys issued, 93 were returned ‘not at this address’, leaving an effective sample of 861. Of these 737 businesses did not respond, a further 2 were not included in the analysis due to being incomplete or incorrectly completed, and 122 returned the survey complete. This meant the total response rate from the survey was 14.2%, which is normal for a postal survey. Total Sample Returned ‘Not at this Address’ Number 954 93 Percentage 100 9.7 861 122 2 737 100 14.2 0.2 85.6 Effective Sample of which Returned Complete Returned Unusable Not Returned The non-responses were as follows: Café Retaurant Public House Bar / Wine Bar Not Returned Number Percentage 423 57.4 125 17.0 186 25.2 3 0.4 70 Not At This Address Number Percentage 66 71.0 17 18.3 9 9.7 1 1.1 SOURCES AND BIBLIOGRAPHY Aberdeen City Council, Pavement Cafes on the Public Footway Allegra Strategies, Project Cafe9 UK – The UK Coffee Shop Market Ames BN, Gold LS (1998), The Causes and Prevention of Cancer: The Role of Environment Butterworth, Myra (The Telegraph – 17 October 2008), Coffee sales rise amid economic downturn Calderdale Council, Pavement Cafes – A Guide to their Operation in Calderdale Clarke, Taylor (The Times – 17 February 2008), How Starbucks Colonised the World Chorley Council (September 2007), Pavement Café Design and Licence Guide Department of Health, Social Services and Public Safety (January 2007), Northern Ireland Health and Social Wellbeing Survey 2005/06 Department for Social Development, People & Place – Reflections of a City – Public Realm Strategy for Belfast City Centre Douglas Development Partnership (September 2007), Guidelines on the Use of the Public Highway for Pavement Cafes or the Display of Goods Edinburgh City Council, Tables and Chairs – Applying for a Permit Herefordshire Council, Street Furniture & Pavement Cafes Information Pack and Guidelines Highways Act 1980 International Coffee Organisation, Disappearance (Consumption) in Importing Countires – Calendar Years 2000 to 2008 Kerton, Nigel (The Wiltshire Gazette & Herald – 19 January 2010), Bid to Curb Pavement Café Tables Klatsky AL, Morton C, Udaltsova N, Friedman GD (2006), Coffee, Cirrhosis and Transaminase Enzymes Liverpool City Council, Pavement Café Guidelines Maia, L & de Mendonca, A (July 2002), Does Caffeine Intake Protect from Alzheimer’s Disease? 71 Mills, Magnus (The Independent – 12 September 1994), The View From Home: Horrors of Pavement Cafes and Pigeons Northern Ireland Tourist Board, Tourism Performance During 2008 Nottingham City Centre, Pavement Cafes – Design Guidance and Licence Application Forms Planning and Development Act 2000 (Section 254), Republic of Ireland Preston City Council, Pavement Cafes Notes for Guidance Reading Borough Council, Terms and Conditions for the Operation of Pavement Cafes Roads (Northern Ireland) Order 1993 Roads (Scotland) Act 1984 Rodriguez T, Altieri A, Chatenoud L, Gallus S, Bosetti C, Negri E, Franceschi S, Levi F, Talamini R, La Vecchia C (2004), Risk Factors for Oral and Pharyngeal Cancer in Young Adults Siebert W. S. (Feb. 2003), Birmingham University, Public Choice and Urban Economics – the Unnoticed Link between Liquor Licensing and Urban Sprawl Surrey County Council, Guidance for Permission to Run a Pavement Cafe Tameside Council, Standards and Procedures for the Regulation of Pavement Cafes Warrington Borough Council, Standards & Procedures for the Regulation of Pavement Cafes Watts A & Addy M (March 2001), Tooth Discolouration and Staining: A Review of the Literature Webster Ross, G et al. (May 2000), Association of Coffee and Caffeine Intake With the Risk of Parkinson’s Disease Wigan Council, Pavement Cafes & Trade Displays – Policy & Guidance Wirral, Terms and Conditions relating to the Licensing of ‘A’ Boards, Shop Displays and Pavement Cafes on the Highway www.ajc.com/health/altmed/shared/health/alt_medicine/ConsConditions/Gastr itiscc.html 72