Al Fresco Application: 5 and 6 The Esplanade

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A decision made on 18 May 2012:

Decision Reference: MD-T-2012-0043
Decision Summary Title :	Al Fresco Application 5 and 6 The Esplanade		Date of Decision Summary:	10 May 2012
Decision Summary Author:	Acting Senior Engineer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Al Fresco Application 5 and 6 The Esplanade		Date of Written Report:	10 May 2012
Written Report Author:	Acting Senior Engineer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To approve the allocation of the unloading bay in front of 5 to 6 The Esplanade to al fresco between the hours of 1500 and 0200.
Decision(s): The Minister approved the proposal to pave over the existing unloading bay so that an al fresco area can be established in front of 5 to 6 The Esplanade to operate between the hours of 1500 and 0200. The area would revert to an unloading bay from 0200 to 1500 daily.
Reason(s) for Decision: To establish an al fresco area outside 5 to 6 The Esplanade and to better manage the safety of patrons of the premises at times later in the evening.
Resource Implications: The cost of the work is to be entirely borne by the owners of 5 to 6 The Esplanade. The physical works will be done by the TTS Highways Works Section. Subject to all other licensing requirements, TTS would need to allow the al fresco to operate for at least five years for the owner of 5 to 6 The Esplanade to justify the investment.
Action required: Acting Senior Engineer to make the necessary arrangements with the Civils Works Manager to carry out the work and invoice the owner of 5 and 6 The Esplanade.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Al Fresco Application: 5 and 6 The Esplanade

TRANSPORT AND TECHNICAL SERVICES

AL FRESCO APPLICATION 5 AND 6 THE ESPLANADE

Purpose of the Report

To approve the allocation of the unloading bay in front of 5 to 6 The Esplanade to al fresco between the hours of 1500 and 0200.

Background

The States of Jersey Police recently wrote to Transport and Technical Services expressing concern about the safety of night club patrons where there is an inevitable interface between the activities of these premises and the nearby Highway. Shortly after this letter was received the Proprietor of 5 and 6 The Esplanade contacted the Department with a proposal to address these same concerns in relation to his premises, while providing an al fresco drinking and eating area. The Department has been working with the Proprietor of 5 to 6 The Esplanade to come up with an appropriate scheme which fulfils these aspirations.

Discussion

The Department has been approached by the proprietor of 5 and 6 The Esplanade with a view to providing an al fresco area outside his premises. There is currently a 2.3m pavement with a 2.3m wide unloading bay along the length of the building. The unloading bay is very busy, especially in the mornings when most deliveries occur. The Department has implemented timed unloading bays in other parts of the Parish of St Helier, where for part of the day the unloading bay is used for this purpose, but at other times of day they can be used for other purposes.

Currently, if a large vehicle is parked in this unloading bay in the evening, the police CCTV cameras are unable to see the frontage of 5 and 6 The Esplanade. Closing this unloading bay to vehicles during the evenings will solve this problem for the Police.

The Police have further concerns with such premises in that patrons tend to crowd on the pavements outside and there are some risks in the public being forced into the carriageway. This proposal presents an opportunity to install demountable pedestrian barriers, which may be appropriate for use outside other similar establishments.

The proposal was discussed with TTS Car Parks who carried out observations on the unloading bay, and determined that allowing the unloading bay to be used for al fresco from 1500 to 0200 would be an acceptable compromise.

A drawing of the proposed al fresco is attached. The Police have considered the proposal and are content with the proposal as laid out in this plan.

Al fresco applications do not normally require a Planning Application where they can be accommodated within the existing public realm layout. However, in this instance physical works are required to pave the unloading bay, install bollards, move bicycle stands and install a demountable barrier between the road and the pavement. The owner of 5 and 6 The Esplanade has made a Planning Application for this al fresco proposal. A Permit has been issued approving the changes to the pavement surfaces and street furniture.

One formal objection to the application was received from another business in the area that has certain operational requirements in the event of prolonged mains power failure. As the business operating from 5 and 6 The Esplanade would not be able to open in the event of a mains power failure, these operational requirements can be accommodated along with the proposed al fresco.

The proposal has also been considered by the Parish of St Helier Roads Committee. The Roads Committee support the proposal and have agreed to issue a “chose publique” license.

The proprietor of 5 and 6 The Esplanade will be required to pay the costs of paving over the unloading bay, installing the demountable pedestrian barrier, and making all the required amendments to the public realm. They will also be responsible for the daily operational requirement to erect the temporary barrier, and demount it nightly ready for the unloading bay to open the following day. Not withstanding the licensing requirements for this al fresco the proprietor would expect TTS to commit to allowing the al fresco to continue for a period of not less than five years to justify this investment in physical works required.

Conclusion

While this is a busy unloading bay the benefit that can be accrued by allowing the al fresco to take place between the hours of 1500 and 0200 is of benefit to the Public.

Recommendation

The Minister is recommended to approve the proposal to pave over the existing unloading bay so that an al fresco area can be established in front of 5 to 6 The Esplanade to operate from 1500 to 0200. The area would revert to an unloading bay from 0200 to 1500 daily.

Reason(s) for Decision

To establish an al fresco area outside 5 to 6 The Esplanade and to better manage the safety of patrons of the premises at times later in the evening.

Resource Implications

The cost of the work is to be entirely borne by the owners of 5 to 6 The Esplanade, and the physical works will be done by the TTS Highways Works Section. Subject to all other licensing requirements, TTS would need to allow the al fresco to operate for at least five years for the owner of 5 to 6 The Esplanade to justify the investment.

Action Required

Acting Senior Engineer to make the necessary arrangements with the Civils Works Manager to carry out the work and invoice the owner of 5 and 6 The Esplanade.

Written by:	Acting Senior Engineer

Approved by:	Director of Transport

Endorsed by:	Director of Engineering and Infrastructure

Attachment:	Plan of al fresco area outside 5 and 6 The Esplanade

I:\Minister\2012\Ministerial Decisions 2012\MD 00 Al Fresco Application 5 and 6 The Esplanade\WR Al Fresco Application 5 and 6 The Esplanade.doc