Planning board refuses to extend Athlone pub's outdoor seating licence

A planning appeal which was lodged by an Athlone pub over the expiration date on its licence to use outdoor street furniture has been turned down by An Bord Pleanála.

Tracy Thompson of The Fiddler's Bar, at 3 O'Connell Street, had lodged an appeal with the planning board over Westmeath County Council's decision to impose an end date of September 30, 2022, on the pub's licence to have seating on the street at the front of the pub.

The Fiddler's was one of the local businesses which, during the Covid-19 pandemic, were granted 'Section 254' licences allowing them to use outdoor street furniture.

The pub's Section 254 licence was originally granted by the council on July 12, 2021, and was renewed the following January. The renewed licence stated that it would be valid from January 1, 2022, to September 30 that year.

However the granting of this licence was appealed by Ms Thompson to An Bord Pleanála in October 2022.

Her appeal argued that no explanation had been given by the council for the September end date, and that this represented a breach of "the original terms of the licence".

Her appeal stated that "procedural fairness" required the council to provide reasons for why it was ending the licence.

"The council cannot simply end the licence without good reason. The (outdoor seating) structure has not caused an obstruction or become dangerous," the publican's appeal stated.

The appeal also argued that the outdoor seating had "enhanced the area" and that the Athlone Town Development Plan 2014-2020 had a policy objective of promoting "the development of street furniture and public art" in the town centre.

The council's response to An Bord Pleanála in relation to the appeal stated that it was "supportive of the provision of outdoor seating in Athlone" and that each individual case was "considered on its merits".

The local authority said that, during the pandemic, it allowed for the licencing of "parklet-style outdoor dining on the public roadway," in order to "support businesses during the restrictions where there was insufficient pavement width to accommodate outdoor dining".

The council said the decision to allow these facilities on the public roadway was "a temporary emergency measure" during the Covid-19 restrictions.

It said the outdoor seating at The Fiddler's "does not integrate into the street and is temporary in nature," adding that the materials used had "degraded" since the installation of the seating in 2021.

"The structure adversely impacts upon the streetscape character and visual amenity of the area, and the heritage value of the surrounding built form. It would set an undesirable precedent if permitted on a permanent basis," the council concluded.

A report by An Bord Pleanála inspector Caryn Coogan, dated May 8, 2023, agreed with the council that the raised outdoor seating area at the pub "compromises the streetscape and visual qualities" of the area.

Ms Coogan agreed that the council had not given Ms Thompson reasons for its decision to impose a time limit on the renewal of the licence. However, the Inspector's report said the council had since "clarified its reasoning" to the board in its response to the appeal.

"Having regard to the temporary nature of the structure on the public roadway, I consider the planning authority were justified in placing a time limit on the licence. However, this issue should have been made clear to the applicant," Ms Coogan wrote.

Ms Thompson's appeal to An Bord Pleanála was against the granting of the outdoor seating licence by Westmeath County Council in January 2022.

The order issued by An Bord Pleanála, on November 16, 2023, stated that it was refusing her appeal and was granting the licence, including the original condition that it would expire on September 30, 2022.