Cornmarket and Aswell Street, Louth - Find a freedom of information request

Request

Cornmarket and Aswell Street Louth:

1. Which licences have been granted ; the latest table/seating/barriers etc plan and detail for each.

2. The applicable conditions* for each licence, relating to Disabled Access and Features, whether stated or not.

3. Whether and how both LCC and all the licence holders know and understand Disabled Access and Features? This includes clearways, lowered kerbs, street furniture and clutter, any tactile surfaces and colour -contrast items.

4. Who is responsible for monitoring compliance?

* Government Guidance on Pavement Licences, for which your reply on FOI Reference 4600715 included this link

https://gbr01.safelinks.protection.outlook.com/?url = https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fpavement-licences-draft-guidance%2Fdraft-guidance-pavement-licences-outdoor-seating-proposal&data = 05%7C01%7CCustomerInformationService%40lincolnshire.gov.uk%7Cdda678e5794e41d5630e08da99850607%7Cb4e05b92f8ce46b59b2499ba5c11e5e9%7C0%7C0%7C637991093859346948%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata = Mq5qwDVN6Nurd3JPcOjX4x%2BCaOx5AJls1SxoN%2FjzVbs%3D&reserved = 0

Says [Extract]:

''3.2 What other information may the local authority require? ....any other evidence that shows how the furniture to be introduced is in accordance with national guidance regarding accessibility (such as use of good colour contrast, suitable physical barriers around chairs and tables and or other appropriate measures); and

any other evidence needed to demonstrate how any local and national conditions will be satisfied, including the 'no-obstruction' national condition.

4. National conditions.

4.1 How can the local authority and applicant consider the needs of disabled people when considering whether the requirements of the no-obstruction condition are met?''

Section 4 then goes into lengthy detail including a very extensive link.

Decision

1. Currently (26/09/2022) no licences have been granted for an extension beyond 30/09/2022.

2. All application conditions can be found at :

https://www.lincolnshire.gov.uk/licencespermits/apply-street-cafe-licence/2

Further information is available via the government guidance for pavement licences found at: https://www.gov.uk/government/publications/pavement-licences-draft-guidance/draftguidancepavement-licences-outdoor-seating-proposal

As such, this information is exempt from disclosure in accordance with the exemption set out at Section 21 of the Freedom of Information Act 2000 which provides that a public authority need not comply with a request for disclosure under the Act where that information is reasonably accessible by other means.

3. Lincolnshire County Council officers are aware of the requirements as per the above conditions/legislation. Applicants agree to the terms and conditions before making their application.

4. LCC Highways Officers have overall responsibility for highway safety issues regarding the placement of furniture on the carriageway and pavements. Highways Officers will also routinely check that the placement of furniture is in line with the licence agreement. District Council staff will check that alcohol and environmental elements of the licence are adhered to, alongside the police.

Reference number
FOI 5113937
Date request received
20/09/22
Date of decision
04/10/22