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Review of the applications process for operating al fresco on the public highway

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A policy letter is being submitting by the Committee for the Environment & Infrastructure, recommending changes to simplify the process for businesses who want to provide al fresco dining.

The current licensing system permits the licence holders to use the specified land for al fresco dining with legal authority whilst ensuring that safety issues and other matters of public interest are taken into consideration.

The main proposal in the policy letter is the designation of 'al fresco zones'. Any applications for sites falling within the al fresco zones would be made to the Committee for the Environment & Infrastructure for a permit, rather than to the Royal Court for a licence. The effect would be the same, but the application would be processed more speedily than under the current system and would not require the services of an advocate to represent applicants at Court. This will both simplify the current process and reduce the cost to applicants for any applications for sites falling within the al fresco zones.

Areas to be included within the al fresco zones would be determined and implemented only following a period of public consultation.

By doing the consultation during one period for all sites falling within the al fresco zones, the current requirement for applicants to consult multiple States departments, the public and the relevant constables will be mitigated, saving them time. 

Deputy Lindsay de Sausmarez, President of the Committee for the Environment & Infrastructure commented:

"We know how popular al fresco dining is and we wanted to make the application process more streamlined, without compromising on important considerations like safety. This is ultimately aimed at making the process simpler for businesses, and facilitating something that is good for the sector and enjoyed by Islanders and visitors alike. The positive response the idea has had so far is encouraging."

Any applications for sites falling outside the designated al fresco zones would be via the current system. However, it is proposed that al fresco zones would be reviewed over time.

The existing application process for liquor licences is not proposed to change. Similarly, the current process for the handling of one-off applications for temporary road closures for al fresco, e.g. Seafront Sundays will not change.

Key stakeholders including Traffic & Highways Services, the Committee forEconomic Development, the Committee for Home Affairs and the Development & Planning Authority have been consulted on the plans and have indicated their full support for the proposals.

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