AN Enniskillen cafe owner is less than jolly this week after Fermanagh and Omagh District Council issued her a letter warning that it may seize her street furniture and fine her £1,000 if she doesn’t obtain a special licence.
Hazel Johnston, who runs the Jolly Sandwich Bar on Darling Street, is one of 15 business owners contacted by the Council in the past week about the licence which costs £375.
The Licensing of Pavement Cafes Act prohibits the operation of a pavement cafe except under licence granted by the Council. It means any business which has tables, chairs or other temporary furniture for the use of consumption of food and drink in a public area now requires a licence. 
“What are we going to be charged for next, fresh air?” said Mrs. Johnston, speaking to The Impartial Reporter. 
“I already pay an extortionate amount for our rates every year and I get nothing from the Council. It is absolutely scandalous. 
“There is a public bench yards from my business, is that included in this, too?” 
In guidelines issued to Mrs. Johnston, the Council warns that failure to obtain an appropriate licence for her street furniture, which has been in place for almost 20 years, or failure to comply with the conditions attached to a licence “may result in enforcement action being instigated.”
“It is an offence to place furniture for the use of consumption of food and drink on a public area without a pavement cafe licence. The offence is liable to a fine of up to £1,000 on summary conviction.”
The Council may suspend a licence when maintenance of street utilities is required or road works are scheduled. The licence can also be suspended for a breach of licence conditions, making false statements or failure to pay any fee to the Council “without good reason.”
“During any period of suspension, the pavement cafe licence is invalid and Council may remove any furniture placed in the public area during the period of suspension,” states the guidelines. 
When applying for the licence the business owner must include a location plan, proposed cafe plan and details of the furniture, including the number, materials, types of chairs and umbrellas. 
Public liability insurance cover with minimum indemnity of £10 million is also required.
A public notice and a consultation is also needed as the Council recommends that businesses “discuss their proposals with adjacent property occupiers to inform them of the application.”
“The applicant will need to demonstrate that the cafe will make a positive contribution to the street.”
In a letter to this newspaper, Mrs. Johnston describes the fee as “another layer of taxation.”
“We have had pavement tables outside our premises during periods of suitable weather conditions for almost 20 years and during that time we have not received any complaints from members of the public or indeed from local authorities. 
“Is the Council now inferring that after managing successfully for such an extended period of time we are no longer to be trusted in how we regulate our own furniture? 
“And to add insult to injury they propose to charge us £95 for inspecting our tables,” she said. 
Mrs. Johnston accused the Council of “engaging in a crusade to target small, often struggling, local businesses as a source of additional revenue.”
“Is it merely a perception that our Council seem to be much more facilitation when dealing with the multi national companies in the area?” she asked. 
In a statement, Fermanagh and Omagh District Council said it promotes the use of pavement cafes in the area and is encouraging business owners to apply for a licence.
“However, while the provision of street cafes is encouraged, it is important that they are properly administered and managed to ensure that they meet the high standards expected in our towns. 
“They should not obstruct the foot way or create a hazard for pedestrians, especially for blind, partially sighted and other disabled people, or cause noise disturbance or other nuisance to residents or neighbouring businesses. 
“They should also be attractive areas to sit in,” said the Council spokeswoman. 
When applying for the licence, which is now a legal requirement, the following payment is required: administration costs (non refundable): £280. Compliance monitoring (two visits): £95. The actual cost for a three year licence amounts to £375. When requesting a renewal or variation of pavement cafe licence the following payment is required: administration costs (non refundable): £185. Compliance monitoring (two visits): £95. The actual cost for a three year licence is £280.
The Licensing of Pavement Cafes Act also applies to cafes operating within a Council facility or venue if they are classified as operating in a public area as defined by the legislation.