Purpose

To seek approval for the Chief Legal and Democratic Officer, in conjunction with the Assistant Director of Place (Highways and Public Protection) to make a stopping-up application, as detailed within the report, to Magistrates Court pursuant to section 116 of the Highways Act 1980. Alternatively Cabinet Member may wish to refuse the stopping up request as described below.

Decision

Decision:

1. The Assistant Director of Place (Highways and Public Protection), be authorised in conjunction with the Chief Legal and Democratic Officer to request the Magistrates Court to extinguishes/stops-up the following area of highway under Section 116 of the Highways Act 1980, as detailed within the report and shown upon the attached plan, subject to the applicant bearing all costs associated with the application:
2. part of highway along the side of Tipple Bar, 42 Station Road, Ainsdale only where the permanent structure has been erected – Plan Number DC2365b (Ainsdale Ward), be noted.

Reasons for the recommendation:

As outlined in this report to process the stopping up application. If the stopping up application is refused by Cabinet Member or the Magistrates Court, then highway enforcement action would be required to remove the illegal pavement café and unauthorised structure(s) from the adopted highway maintained at public expense.

Alternative options considered and rejected:

The applicant’s original request to stop up the whole site frontage along the front and side of the bar were considered and rejected as it was deemed more appropriate for the remaining pavement café area not covered by the canopy to be subject to a pavement café licence instead.