Bar and restaurant owners across Bristol have accused Bristol City Council of ‘not helping them to survive’ after the authority began to issue letters threatening legal proceedings against them for using pavements and roads as outdoor seating areas.
The bar owners have been calling on the council to allow them to keep using the public spaces outside their venues, but the council said its hands are tied by Government legislation. Outdoor seating areas were created on roads, parking spaces and pavements as part of the raft of emergency legislation brought in because of the Covid pandemic - as a way of allowing venues to continue to operate in the fresh air and lessen the spread of the virus.
But now with the coronavirus mitigations winding down, the outdoor seating areas that popped up on streets and pavements now need planning permission. Despite a petition with more than 4,500 signatures, months of lobbying and a council meeting back in October about the issue, the council has started sending venues letters warning them that they’ll start taking enforcement action if the seating areas aren’t cleared away.
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The Bristol Association of Restaurants, Bars and Independents - BARBI - has hit back at the council for sending out the letters. It represents more than 450 venues and 11,500 hospitality workers across Bristol and the wider region, and its director Brendan Murphy said that for the last six months, they had tried to work with Bristol City Council to work out how they could continue.
“BARBI has tried to work with the council to facilitate a solution to the ending of some of the Covid rules regarding use of outdoor space,” he said. “Whilst provision is allowed for those venues with their own outdoor space, those in pedestrianised or semi pedestrianised zones or where pavements are wide enough trade can continue. However there are a number of anomalies to this and parking bays which were previously suspended to allow for trade for these venues are now being taken back by the council,” he explained.
“We’ve had numerous pub watch meetings, phone calls, liaison with councillors, even a petition with over 4,500 signatures that was heard and discussed by Full Council with all parties in agreement to support our independent venues. Alas, the Mayor could not even be bothered to respond to us and after chasing we were referred to a blog post he released.
"Following on from this it was promised that as long as planning is applied for the venues would be able to continue to trade and apply retrospectively with no enforcement action. Also, detailed guidance would be issued which, over six weeks later, has still not been received by any of our venues who have asked to commence their planning applications,” he added.
What does Bristol City Council and the Mayor say?
The council’s response to the pleas of the bars and restaurant venues to allow them to keep the seating areas outside has been to say it is out of its control - it is changes in national Government rules, post-Covid, that now mean most of the seating areas have to go.
The issue was debated on October 18, when BARBI presented a petition with more than 4,500 signatures, and attended a full council meeting. In response, at that meeting, Bristol mayor Marvin Rees said the government had extended a law letting hospitality businesses use the pavement for outdoor seating for another year. But he said the law did not allow the council to issue any temporary traffic orders, which would let bars and restaurants continue using former parking bays for tables and chairs.
He said: “This means that no new temporary traffic orders can be made that will cover carriageway use, in locations such as parking bays and loading bays. We’re sympathetic, we love what’s happened and we moved incredibly quickly as an authority to support businesses to have that outside provision, but we have to work within the restrictions and opportunities presented by central government, over which we have little local discretion.”
The issue is one that is not just affecting Bristol - it is a national one. In Weymouth, Dorset, for instance, there is uproar among local bars and restaurants that have seen their seating areas removed by the local council, for the same reasons that are affecting Bristol.
Labour Councillor Marley Bennett added at the October meeting: “The government has chosen not to renew the rules, and these structures do now need planning permission and highways approval through a traffic regulation order. Unfortunately the council legally cannot grant temporary traffic regulation orders in the way suggested by the petition.
“But we will work with businesses where possible. All businesses with existing outside structures have been told they should now apply for retrospective planning permission. I’ve been assured by the licensing team and highways officers that there will be no enforcement action taken on businesses that are in the process of doing this.
“Now we’re out of the pandemic, it’s right that existing outside structures go through the licensing and planning process. I strongly support reclaiming road space for people but we also need to have conversations about the use of public space, which the council pays to maintain, by private businesses some of whom are installing permanent structures,” he added.
Six days after that meeting, the Mayor wrote one of his blogs about the issue, which he then sent to BARBI when they asked for a response. In that blog, Mr Rees said bars and restaurants needed planning permission to keep their outdoor seating area structures, and to continue to use the spaces.
“Legislation was introduced by the government which allowed councils to use temporary Traffic Regulation Orders (TROs) to support outdoor hospitality, permitting structures and furniture to be set up in parking bays,” he explained. “Disappointingly, the government chose not to renew this legislation and it has now expired. Outdoor hospitality can still be facilitated but permissions will now need to be sought.
“We understand how frustrating this is for many businesses, particularly at a time when the sector is being hit hard by inflation alongside the wider impact of the cost of living crisis. We want to support businesses to continue to operate outdoors where we can, and we want to ensure businesses are clear on what they need to do next.
“On streets that have been pedestrianised or are covered by traffic orders — such as Princess Victoria Street, the Old City, Cotham Hill, and King Street — businesses with existing outside structures should apply for retrospective planning permission. If granted, then they can then apply for a structures licence and pavement licence to place furniture on the highway outside their premises. In these areas, any existing structures can remain while going through this process and no enforcement action will be taken during that time.
“On all other streets, structures and furniture must be removed. Planning permission can still be applied for but we cannot legally allow existing structures to remain in the interim due to the change in national legislation set out above.
“We support reclaiming road space for people, where we can. By making the policies around this more robust, we can ensure outdoor hospitality structures add value and are suitable for their surroundings, and that any structures or furniture in the road are safe and don’t impact accessibility.
“Getting the relevant permissions can be a complex process as this may require approval from up to three separate regimes: Planning, Highways (for structures and pavement licences), and Licensing (for alcohol licenses). Communication with businesses has sought to set this out as simply as possible, but I recognise how confusing this can be for business owners who have so many other concerns, which is why we will be producing an overarching guidance document that explains the process clearly,” he added.
In practice, many restaurants and bars are not taking up the council's suggestion that they apply for planning permission to keep their outdoor seating area, and many say they have been advised they won't get that permission anyway. On St Michael's Hill, restaurant Beerd removed its seating area which housed 16 people on November 30, and said it immediately saw it replaced by two cars parked and left empty there all day. On Twitter, it described the change as "soul destroying".
And those responses from the council have not satisfied BARBI, who said that now the council has begun the process of taking enforcement action against the venues that have kept using their areas.
“Over the past month enforcement action has been threatened numerous times and a letter stating legal proceedings will commence has been received by venues on Thursday, December 8. For years we have asked the question why Bristol City Council make it so hard for independent businesses to thrive? The question now is why won’t they even help them survive?” asked Mr Murphy.
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