Council to check ‘evolving’ outdoor dining situation

Council chiefs says they are monitoring what remains an “evolving situation” regarding the legality of alcohol consumption at outdoor dining venues this summer, and will continue to work “closely” with An Garda Síochána to ensure success.

If necessary, the local authority will look further up the government chain of command for action if, as headlines suggested over the weekend, it emerges that some seated areas are not permitted to serve alcohol and punters may even face fines for drinking outside.

The confusion prompted a rapid response from Taoiseach Micheál Martin who assured that plans for summer outdoor dining had not been derailed, with further indications that Attorney General Paul Gallagher would examine what legal instruments, if any, were required to keep the initiative on track.

In May, Cavan County Council was allocated €840,240 under the Additional Outdoor Infrastructure Fund (2021) by the National Transport Authority (NTA), with 19 towns and villages across the county to benefit from various works. These vary from converting parking bays to additional outdoor dining spaces and seating areas, to improving footpaths to facilitate social distancing and the provision of outdoor seating and parklets.

Existing pub licences allow publicans to serve alcohol and for it to be consumed on the premises, which can include the curtilage of the premises.

Separately, Cavan County Council, under Section 254 of the Planning Acts, can licence the placing of furniture, such as tables and chairs, in public areas such as footpaths, and pedestrianised streets.

As part of the S254 process, the licensee must indemnify Cavan County Council against all claims. S254 licence also provides that certain conditions be met in relation to fire safety and operational hours.

Cavan County Council may also make bye-laws under Section 199 of the Local Government Act that permit the consumption of food and alcohol while using this street furniture. To that extent, there are already existing bye-laws in place for Cootehill, Bailieborough and Virginia.

The works being carried out in relation to the parking bays is temporary in nature, report the council, and not designed to last beyond 2021.

While the initial focus of the investment is to facilitate the reopening of the hospitality industry, works will continue throughout 2021 in relation to footpath improvements.

However, in a statement issued to The Anglo-Celt, the local authority admits the progress of the project has been “hampered” by a “difficulty in obtaining materials” related to outdoor infrastructure.

They say there are already “many examples” nationally and countywide of tables placed outside pubs/restaurants where alcohol is already consumed in a “roped off” area.

An Garda Síochána have responsibility for policing the liquor licensing laws and public order generally, and the council says there is “close co-operation” with the authorities and “most” licensed premises.

It is expected that the expanded provisions for outdoor dining/drinking will be operated in accordance with existing arrangements.

“We have consulted with An Garda Síochána in relation to the outdoor spaces throughout the county. We will be working closely with An Garda Síochána throughout the summer months and monitoring this ongoing project as our social economy continues to reopen.”

As stated, the council “do not envisage” extending outdoor dining beyond 2021, but accept that “if the situation demands it” they could still “review” the project and carry out the necessary public consultation and engagement with relevant stakeholders.

Meanwhile, some councillors have called for a special meeting of the local authority to be convened to consider byelaws, if necessary.

Pedestrianisation

In relation to the Cavan Town Temporary pedestrianisation plan, the council received a total of 18 submissions from businesses and members of the public by closing day.

Of the submissions received, the council say more than two thirds (67%) were “positive”.

The other submissions raised concern a risk of anti-social behaviour, access for emergency services, cleaning up and taxi issues.

Consultation took place with a wide range of stakeholders including councillors, gardaí, Cavan Chamber of Commerce, the Town Team and individual businesses.

The council says it believes concerns can be alleviated through “working collaboratively” with all stakeholders.

The council spokesperson added: “We will hopefully be in a position to sign off on a commencement weekend shortly.”

On-street entertainment

Meanwhile, the Arts Office is finalising a suitable programme of “on-street entertainment”, which they feel will complement the temporary pedestrianisation.

Details they say will be “announced shortly”.