EP Food Service Action Issue

COMMENT JOELSON
Making use of outside space
Niall McCann, Partner at Joelson looks at how to maximise trade in a
sometimes tricky area
Operators should think about
their outside areas now if
changes are going to be made
in time for the summer.
Last weekend I bought some daffodils
– a small reminder that despite the
rain currently beating down on office
window, spring is here. Now is the
time that restaurant, café and bar owners
optimistically look for increased sales as the
public recover from dry Januaries and credit
card debts. As the weather turns milder,
thoughts should turn to maximising the use
of any outside space.
Here are some points to consider:
Use the pavement
It is often possible to utilise an outside area
even if owned by the local council and hence
does not fall within a property’s demise. To
do so, it is necessary to apply for permission
from the local council to place furniture (i.e.
tables, chairs, planters etc.) on the land in
question. Such permissions are generally
referred to as ‘pavement’ or ‘tables and chairs’
licences and some councils also require
separate planning permission to be granted.
The regulations differ from council to council
with the detailed requirements being beyond
the scope of this article. However, readers
should note that councils carefully consider
pavement width, can restrict the times that
furniture be placed on the highway, may grant
permissions for a fixed period and demand a
substantial fee! Nevertheless, even if outside
tables and chairs are only actively used for a
few months a year, the visual impact of them
for those walking down the street can justify
the high cost.
Even with a pavement/tables and chairs
licence, the sale of alcohol for consumption
in areas outside of a property’s demise is only
permitted if the plan attached to the premises
licence shows the area in question is part of
the licensed area or, if off sales are permitted
without any restriction conditions – such as offsales
only being permitted in sealed containers.
Maximise garden trade
Having an outside area or ‘beer garden’ is a
major asset, especially in metropolitan areas.
It is not unusual for the use of such areas (in
particular late at night) to be restricted by
either the planning permission or premises
licence. However, if such restrictions are
particularly onerous, they can be challenged.
Consider the following:
n Were the restrictions introduced when
the premises was under previous, more
disruptive, operators?
n Can further conditions be proffered in
exchange for longer hours?
n Can soundproofing measures be
incorporated such as acoustic baffles, the
planting of hedges or payment of double
glazing for neighbouring property?
If any of the above provide ‘food for thought’
potentially the planning permission or
premises licence could be successfully varied.
Awnings and heaters
With this country’s unreliable weather,
maximising the benefit of outside tables and
chairs, either by the use of an awning or outside
heaters should be considered. Both create
their own issues. The installation of an awning
usually requires planning permission to change
the shop front. Planning permission is also
generally required for heaters which also needs
safety risk assessments. That is if the council is
willing to approve heaters in the first place: they
are hardly environmentally friendly!
Taking the steps mentioned above takes
time – often months. Therefore, operators
should think about their outside areas now if
changes are going to be made in time for the,
hopefully glorious, summer months.
28 | Foodservice Action | April 2017