Cafe Pavement Licensing

I should be grateful if you would provide the following.
 
In relation to PCL000384 (Scala):
 
1. All consultation responses received in relation to the application, including the response of the highway authority and any highways consultation.
2. Any officer report, assessment or note recording the reasons for the decision to grant the licence on 30 April 2026.
3. Any officer report, assessment or note recording the reasons for the decision to revoke the licence on 21 May 2026, together with the evidence relied upon in support of the stated grounds (the
risk to public health or safety, and the long-standing market charter).
4. All internal and external correspondence relating to the application, the licence or its revocation that refers to the market, market traders or the market charter, in particular between 30
April 2026 and 21 May 2026.
5. The statutory power and provision under which the licence was granted, and under which it was revoked.
 
In relation to parking bay suspension PBA000863:
 
6. The decision and the reasons for rejecting the application, and the date of that decision.
 
In relation to Captain Cod (43-44 Market Place) and Seventh Heaven (50 Market Place):
 
7. Copies of any pavement café licence, pavement licence or Highways Act 1980 consent held in respect of those premises.
8. Copies of any parking bay suspension or traffic regulation order relating to the bays or area on which furniture or structures associated with those premises are sited.
9. All consultation responses (including any highways consultation) relating to the licences and orders at items 7 and 8.
10. Confirmation of the legal basis on which each of those premises is permitted to place furniture or structures on the highway or market area (for example licence, consent, market pitch agreement,
lease or traffic order).
 
In relation to the administering authority:
 
11. Any agreement, delegation or arrangement under which Lincolnshire County Council, rather than the district council, determines pavement café licences in Boston.
 
To the extent any information is considered exempt or excepted, please disclose the remainder and provide your reasons for any withholding or redaction, applying the presumption in favour of disclosure under regulation 12(2) of the EIR.

1. No consultation responses received

2. PCL granted due to no objections received during consultation

3. From our automated system Reason for cancelling: We write to inform you that the application to suspend the parking bays intended for use as a pavement café area has been refused. In light of this refusal, and having regard to the existence of a long-standing market charter affecting the area, we regret to advise that the current pavement café licence is hereby revoked with immediate effect. This decision has been taken to ensure the safety of members of the public using the area, as well as the safety of road users. Should you wish to submit a new application, you are advised to first consult with Boston Borough Council regarding the suspension of the relevant bays. If the Council supports such a suspension, you may then submit a further application for bay suspension, accompanied by appropriate supporting evidence. Following this, a new pavement café licence application may be submitted. You are also advised to consult the Boston Borough Market Manager and discuss arrangements and potential impacts the Boston market may have. In the event you come to a new seating arrangement that does not require a bay suspension we welcome an application with all the supporting documents as necessary. Please note that any Pavement Café Licence application will be considered on its own merits, and previous decisions will not be taken into account. No furniture is to be placed on the public highway unless a valid licence has been issued. Any furniture found on the public highway without a valid licence may result in enforcement and removal of the furniture.

4. Detailed in attached objections and correspondence documents.

5. Pavement café licensing in the UK is governed by the Business and Planning Act 2020, as permanently amended by the Levelling Up and Regeneration Act 2023.

6. From our automated system; Highways Streetworks South Updated the case and changed the case status to Rejected Wednesday, 25 March 2026 15:16

•Added: Rejection reason: For requests of this nature you require a cafe licence.

Please apply using the following link https://www.lincolnshire.gov.uk/licences-permits/apply-street-cafe licence In relation to Captain Cod (43-44 Market Place) and Seventh Heaven (50 Market Place):

7. Copies of Licences issued to Captain Cod and Seventh Heaven attached.

8. Copy of Captain Cod parking bay suspension attached. No record held for Seventh Heaven as no suspension requirement for that area.

9. From our automated system; PBA000420 Captain Cod, Boston Parking services Sent a message Visible to Staff, Citizen, Third party, CSC, Transport services group, Waste management, Rachael Hayward Monday, 11 September 2023 15:18

We do not usually suspend bays for a cafe licence and they want the suspension for a year - previously this was done under pandemic legislation which no longer exists but this is income BBC are losing out on with the P&D bays being out of action.

Especially with LCC suspending bays other bays on the Market Place and Pump Square due to the works on Dolphin Lane Parking services Sent a message Visible to Staff, Citizen, Third party, CSC, Transport services group, Waste management, Tuesday, 12 September 2023 10:17 Do not process Suspension until had confirmation from LCC staff that the cafe licence has been approved. A new process will need to be put in place for applications like this so that the bay suspension and licence dates align. Parking services Sent a message Visible to Staff, Citizen, Third party, CSC, Transport services group, Waste management, Thursday, 21 September 2023 11:30 After meeting on 21/09/23 it was agreed that no Bay Suspension will be granted for a café licence application so this one will need to be refunded once LCC Staff confirms he has let the applicant know next week that their application has been unsuccessful. Parking services Sent a message Visible to Staff, Citizen, Third party, CSC, Transport services group, Waste management Tuesday, 17 October 2023 15:02 After involvement by Cllrs it has been decided to approve this cafe licence and therefore we will need to suspend the bays. Confirmed with LCC Staff the earliest date will be the 24 October 2023 so he will make sure the licence start date aligns with this.

Agreed this is a Free of charge suspension as they have provided road closures for another business free of charge.

10. Detailed in the attached Parking Bay Suspension

11. Detailed in attached delegated powers document.

Should you require the attachment mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and this can be provided.