The Street Trading and Pavement Licensing Sub Committee of Cornwall Council convened to consider an application for a pavement licence. The meeting also covered standard procedural items. Councillor Brian Clemens, Councillor Damon Dennis and Councillor John Martin were scheduled to be in attendance.

Pavement Licence Application: The Die Happy Pizza Company LTD

The sub-committee was scheduled to consider a Business and Planning Act 2020 application for a pavement licence for The Die Happy Pizza Company LTD, located at 19 Killigrew Street, Falmouth. The application from Mr Daniel North requested permission to place furniture on the highway until 2027, operating 24 hours a day, seven days a week.

The report pack included a recommendation that the committee determine whether the application should be granted, with or without conditions and/or amendments, or refused, giving reasons for any decision reached, following a hearing of the application in accordance with the code of conduct.

Representations Received

Several representations were received regarding the application.

• Falmouth Town Council recommended approval.
• Licensing Compliance raised no objections.
• An objection was received from Health and Safety regarding a wooden bench's proximity to the kerb, posing a risk to customers.
• The applicant responded, stating that the bench was positioned to maintain sufficient unobstructed pavement width, the kerb acted as a safety barrier, and signage and staff supervision would be in place.
• Community Safety initially supported the Health and Safety objection, noting that the applicant's initial response did not propose any changes to the original proposal.
• The applicant then offered a revised proposal for a smaller picnic bench rotated 90 degrees.
• Community Safety requested the original application to review fully before offering further input.

Conditions and Considerations

The sub-committee was to consider national guidance, mandatory conditions, and local conditions when determining the application. Mandatory conditions include a no-obstruction condition ensuring that the licence does not prevent traffic (other than vehicular traffic) from entering or passing along the highway, or prevent access to adjoining premises or statutory undertakers' apparatus¹. A smoke-free seating condition also applies, requiring reasonable provision for seating where smoking is not permitted.

Local conditions include maintaining a minimum 1.5 metres width of footway between the edge of the footway and any furniture, ensuring furniture is safe and well-maintained, and preventing nuisance to neighbouring occupiers.

Options Available

The report pack outlined several options for the sub-committee's consideration:

• Grant the application as sought.
• Grant the application subject to additional conditions.
• Grant the application but modify conditions.
• Grant the application subject to restrictions.
• Refuse the application.

The sub-committee was reminded to focus on contested areas of the application and give careful consideration to all evidence when making their decision.