Deputy totally open at lack of al fresco permit
DEPUTY Andrew Taylor has been serving coffee al fresco in Market Street for nearly 18 months without a licence, he has admitted.
His cafe in Market Street has three tables and six chairs outside. The deputy used to hold an al fresco licence, but forgot to reapply at the end of 2020 and it expired. But he has continued to allow patrons to sit outside ever since.
Deputy Taylor effectively ‘shopped’ himself when he declared an interest in last month’s States debate on changes to the al fresco licensing regime.
When Bailiff Richard McMahon asked if he held a licence, he admitted that he did not, puzzling many who saw he had tables and chairs outside the cafe.
There used to be 30 seats outside when he was licensed, he told the Guernsey Press.
‘It’s more of a token gesture to show that we’re open,’ he said. ‘I’m not looking to expand the al fresco area to what it once was.’
He said he had previously been granted a licence twice.
‘It’s been demonstrated previously that we had 30 seats out on the pavement and it went through all the courts and there was no danger to the public, so it’s all fine.
‘But if someone tells me to pack up, I will.
‘The penalty in law is £500 – but who will come forward and slap that ticket on my desk? I don’t know.’
It can cost thousands in fees for a business to obtain an al fresco licence through an application to the Royal Court, but under the new scheme accepted by the States last month, the process will be less expensive and less onerous for businesses in areas designated as al fresco zones in St Peter Port and St Sampson’s.
Deputy Taylor said he was not sure if he would apply.
‘I’ve only got two years left on my lease, so by the time the new law comes in it might not be worth it,’ he said.
A Guernsey Police spokesman confirmed that an al fresco licence holder was permitted exclusive use of a section of public highway under the Road Traffic Ordinance.
‘Where complaints are received that a section of highway is being obstructed by someone without a licence, or by a licence holder who is not complying with the conditions of their licence, police can and will look into it and take appropriate action,’ he said.
The parish’s senior constable said that action should be taken against Deputy Taylor.
‘He should be fined because he’s broken the law,’ said Zoe Lihou, but enforcement is not a job for the parish authorities.
The constables are only involved in consultation over licence applications, which are issued by the courts.
Mrs Lihou accepted that there were flaws in the system, such as no reminders being sent. ‘There’s not much to remind you if something is overdue,’ she said.
