The Street Trading and Pavement Licensing Sub Committee met to consider an application for a pavement licence for Lovetts of Newlyn Ltd. Councillor Robin Moorcroft was elected chair for the meeting, and the application for Lovetts of Newlyn Ltd was subsequently granted.

Lovetts of Newlyn Ltd Pavement Licence Application

The sub-committee considered a report regarding the application by Miss Emma Hunt for a pavement licence for Lovetts of Newlyn Ltd at 1 The Coombe, Newlyn, Penzance, TR18 5HS. The application was to allow the placement of furniture on the highway until 2027, between the hours of 08:30 to 21:00 Monday to Saturday, and 09:30 to 21:00 on Sundays.

The applicant, along with two representatives, attended the meeting and addressed concerns raised by other persons, confirming that they only operated a table service. They also provided dimensions of the pavement and materials of the street furniture, and confirmed tables were cleared quickly after use and a no smoking policy was in place.

The Business and Planning Act 2020 introduced a fast-track process to apply for a Pavement Licence, and any premises selling food or drink are able to apply to use space outside their premises to place furniture on the highway for consumption of food and drink.

Representations

The council received one objection from a member of the public, and eight letters of support for the application.

The objector raised concerns about the existing tables and chairs obstructing the footpath, making it difficult for pedestrians, especially those with bikes, dogs, buggies, wheelchairs or mobility scooters. They also noted the proximity of a bus stop and the potential hazard for pedestrians walking into the road to avoid the obstruction.

In response, supporters stated that Lovetts added real value to Newlyn, acting as a central hub and contributing to the vibrancy of the village. They felt the outdoor seating created a welcoming atmosphere, encouraged footfall, and benefited other nearby businesses. Supporters also stated that the pavement was wide enough to allow pedestrians to pass safely, and that the tables and chairs added to the charm and character of the area.

Cornwall Council Highways department responded, noting that the provided plan omitted the presence of a traffic sign and posts on the adjacent area of footway, creating a pinch point. They stated that as long as the business ensures that a minimum of 1m is maintained between the furniture and the traffic sign post, they had no objections to the application.

Applicant's Response

The applicant responded to the representations, stating that the shortest distance between the post and the table is 1.2m. They added that they only offer outside service to 2 tables and 4 seats where the pavement is widest, and that the photographs taken by the objector showed a bike propped against a neighbouring shop, not Lovetts. The applicant also stated that they request customers to keep the path clear and have a sign in the shop window asking people to be considerate.

The applicant further stated that the tables and chairs actually assist to reduce congestion since they prevent people from otherwise congregating outside, or leaving their bikes or push-chairs in this area, and that there had not been a single accident or complaint about the tables and chairs, which have been in situ since Covid. They said that the space contributes to approximately 25% of their capacity, allowing them to employ 8 local staff and provide services to the residents of Newlyn throughout the year.

Decision

The sub-committee voted to grant the application. In reaching their decision, the sub committee considered the report, the representations made, and the evidence provided. Two of the councillors on the sub committee had also visited the location of the premises prior to the hearing.

The sub committee also considered the relevant legislation, the national guidance, the mandatory conditions and local conditions of licence in reaching their decision.

Members noted the concerns in relation to the location of the premises and the potential for the tables and chairs to cause issues for users of the pavement. However, members noted that the premises had, in fact, been using this area since Covid without any issues arising or complaints being received.

On balance, Members felt that the pavement was wide enough to allow for the tables and chairs and also to allow for pedestrians to pass safely.

Members also noted that there were no representations from the statutory consultees.

On balance, Members felt that the evidence showed that the use of the pavement licence in this specific location would not result in adverse effects in the vicinity of the premises.

Having heard from the applicant and after considering all the information before them, members felt that, on balance, it was reasonable and proportionate to grant the application.

Other Matters

• Councillor Robin Moorcroft was elected Chairman for the meeting.
• The Democratic Officer advised of the emergency evacuation and domestic procedures.
• There were no declarations of interest.