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A decision made (30/06/2006) regarding Request for an increase in the area of alfresco at Café Toulouse, Broad Street, St. Helier.

Subject:	Request for an increase in the area of alfresco at Café Toulouse, Broad Street
Decision Reference:	MD-T-2006-0051	Exempt clause(s):
Type of Report (oral or written):	written	Person Giving Report (if oral):
Telephone or e-mail Meeting?		Report File ref:		I:Minister:2006:Ministerial Decisions:MD0051 Alfresco at Café Toulouse
Written Report Title:	Request for an increase in area of alfresco at Café Toulouse, Broad Street	Written report – Author:		D.St.George
Decision(s): An increase in area from 11 four seater tables to 16, will be allowed (subject to Planning permission) on a trial basis for one year.
Reason(s) for decision: Alfresco areas help create a pleasant atmosphere in the town centre, and the proposed increase will aid the new operator in providing a successful business from the converted toilet building. However there is a concern that the resultant reduction in public open space could be contrary to the concept of the original improvement scheme, hence consent is granted on the basis of one year only, to be reviewed.
Action required: Inform the Connétable, so that he may issue a licence under the Chose Publique (Jersey) Law 1993.
Signature: (Minister/ Assistant Minister)			Date of Decision: 30 June 2006

Increase alfresco area - Cafe Toulouse.

TRANSPORT AND TECHNICAL SERVICES

REQUEST FOR AN INCREASE IN AREA OF ALFRESCO AT CAFÉ TOULOUSE BROAD STREET

Purpose of the Report

The Connétables of the Parishes administer “Alfresco” licences through the provisions of the Customary Law (Choses Publique) (Jersey) law 1993, but are required to gain the consent of the Minister when the area is on a main road, as is the case in this instance.

Background

A request to increase the area of “alfresco“ dining has been received from Mr S Murphy the owner of Café Toulouse in Broad Street. The Parish Roads Committee has supported the request. The area in question is on land previously used as a taxi rank, the Café itself using the converted toilet block.

Discussion

The area which Mr Murphy currently has for “alfresco” dining is smaller than he originally expected. The area available was reduced by a requirement to install toilets, and the former Environment and Public Services Committee further reduced it as it considered that his proposal would intrude too much into the newly created public open space.

The area provides 44 seats (11 x 4 seat tables), but Mr Murphy contends that many tables are taken by couples and the effective capacity is therefore much less. He frequently turns people away when all the tables are taken, and would like to increase the area, by approximately 5 extra tables, to improve his turn over on busy days and improve the viability of the business.

Mr Kevin Pilley, assistant Director at Planning and Building Services has expressed the view that the current “alfresco” area is appropriate and should not be increased (see attached e mail). This view accords with that of TTS officers, who have attempted to agree a compromise arrangement which would increase the area, but to a lesser extent. Unfortunately this has not proved possible and Mr Murphy would not be prepared to commence the procedures required to change the area, unless the additional area involved was substantial. (Mr Murphy will have to gain Planning permission, agree a new contract with the Parish, and alter his licquor licence).

Recommendation

Approve a trial period of 12 months (subject to the application receiving planning permission). Monitor to assess whether the intrusion into the public open space is acceptable.

Reason(s) for Decision

Although the additional area will reduce the public open space available, it is recognised that a successful Café operation contributes to the intended atmosphere of the area and to decline the request could result in the demise of the operation.

Action Required

Inform the Connétable of St Helier.

Written by:	David St George

Approved by:	Caroline Anderson - Transport

Attachments:

E mail from K. Pilley

Sketch Plan

38/5 DstG

19 June 2006