Agenda item

Highways Act 1980 - Section 115E - The Waiting Room, Cattle Market, Sandwich

To consider the attached report of the Licensing Manager.


The Licensing Sub-Committee considered the report of the Licensing Manager on an application by Nicholas Waite of The Waiting Room, Cattle Market, Sandwich. The application was for a Street Furniture Permit to allow the placement of 7 tables and 14 chairs in two of the adjoining sides of the premises as per the plan provided within the report. The application was for the siting of the tables and chairs from 07:30 hrs to 22:30 hrs every day, all year round.


Nicholas Waite was in attendance at the meeting to present his application. The premises was the former East Kent Road Car Company building, built in 1922 and Mr Waite’s family had owned the premises since 1993. It was a prominent building in the town centre that would offer further employment for five staff as well as being an attraction to the town.


Mr Waite advised Members that the street scene had been improved by restoring and renovating the building to make it suitable for trading and that to make the business viable, given the interior size of the building, the tables and chairs were required to make the business model work. Some of the tables and chairs would be segregated with café barriers to maintain adequate pavement space for passers-by and to maintain safety. Mr Waite further added that the furniture was heavy marble that would be securely closed off, possibly secured to the floor, and would remain in situ permanently rather than removed at the end of each day. Mr Waite confirmed that relevant clearances would be maintained and when Members made enquiries regarding the times with a view to 21:00 hrs, the applicant accepted that the times might be amended.


In respect of the application and the consultation process eleven representations were received and included comments from Kent Police who requested additional conditions to the licence and, Kent Highways who objected to the siting of tables and chairs in the location on the plans where there were cycle parking racks in situ. Kent Highways provided further comment and proposed that the five cycle parking racks could be relocated if all costs were met by the applicant and with the agreement of their location to be met with other local stakeholders. Mr Waite explained to the Sub-Committee that the cycle parking racks were installed by Kent County Council when the building was closed and had been installed in front of the building’s fire escape doors. Mr Waite advised that a further eleven bike racks were within 100m of the premises and that it was his opinion that more racks could be added to those locations to accommodate the removal of the five racks in front of his premises if it were decided necessary. Mr Waite explained he was approaching Dover District Council first and then he would progress with Kent County Council (and partners) regarding removal.


The Committee withdrew to consider the application and upon resuming the Regulatory Lawyer advised that the Committee had considered the report of the Licensing Manager, the application from Mr Nicholas Waite, the eleven representations, including the suggestion for the relocation of the racks provided by Kent Highways. The Regulatory Lawyer advised the applicant that if the furniture was to remain outside and not taken in at the end of each day, it was for him to resolve any required planning permissions.


RESOLVED:      That, having regard to Section 115E of the Highways Act 1980, the application by Mr Nicholas Waite of The Waiting Room, Cattle Market, Sandwich for the siting of tables and chairs be GRANTED for use every day between 07:30 hrs and 21:00 hrs every day and all year round and subject to all conditions. Including those agreed with Kent Police, as follows:


(a)         That the 3 tables and 6 chairs (as noted to be 5, 6 and 7 on the plan within the application) be GRANTED.


(b)         That the 4 tables and 8 chairs (as noted to be 1,2,3 and 4 on the plan within the application) be GRANTED at such a time as if/when the 5 cycle parking racks currently situated there are removed/relocated. In the event that the cycle parking racks are removed in a piecemeal way, the Sub-Committee delegates authority to the Licensing Manager for the siting of 4 tables and 8 chairs (as they can be located in any available space).




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