Five Congleton town centre businesses have enquired about using the safe and more pleasant Community Garden area as an outdoor space for their customers to enjoy their food and drinks.

Congleton Town Council has been approached by Frank Hildrup from Congleton Kitchen and Bazaar on Bank Street requesting permission for himself and other local businesses to put tables and chairs in the Community Garden on Lawton Street for their customers to use during the COVID-19 pandemic.

Due to social distancing, businesses have needed to remove tables and chairs within their premises, meaning they can accommodate less people. Also, many people currently feel safer in outdoor spaces.

Although the Business and Planning Act 2020 received Royal Assent on the 22 July 2020 making it easier and quicker for businesses to apply for pavement licences, due to the restrictive nature of Lawton Street these businesses have identified that the Community Garden would provide a safer and more pleasant area for customers.

The town council is responsible for the Community Garden and has a long lease on the area. The businesses are looking to add a maximum of 8 tables and 30 chairs in the area.

The businesses are seeking an agreement which would enable the additional seating to be available from 10am until dusk. The potential agreement would be in place until 30 September 2021.

Congleton Kitchen and Bazaar would cover activities associated with the tables and chairs in its public liability insurance and would take responsibility (with assistance from other food businesses) for the COVID-19 secure measures around the tables.

This includes signage, health and safety, hygiene and social distancing. The tables and chairs would be removed at night and stored securely by the participating businesses, with the same conditions as cafes using space in the pedestrian area.

Speaking at Thursday's virtual Congleton Town Council meeting of the environment and community committee, Jackie MacArthur, Town Marketing and Events Manager and Deputy Chief Officer, said: "It's not a firm firm proposal yet from them, but they wanted to know in principle as the person with the lease on the land would the town council be prepared to let David McGifford and myself enter negotiations with them about putting tables and chairs in the Community Garden for their customers to use because they have had to reduce the amount of space within their properties."

Cllr Margaret Gartside said: "I have no objection in principle, and it seems a very good suggestion in a lovely place of course to have a cup of tea or something similar. My concern would be litter especially cigarette ends, and one would hope they would be able to make some sort of provision to help Streetscape keep the area litter free or clearing up the litter after it had been used.

"Because it seems unrealistic if they should just leave it for somebody else to clear up, cigarette ends are the worst and I wouldn't want cigarette ends scattered all over the community park because it is an area I have helped to look after."

Cllr Dennis Murphy queried whether the businesses would be applying for an alfresco licence and if the supply of alcohol would be included.

Jackie MacArthur responded: "Well it's not one that the highways department can give because it's not on highways land, it's within the town council's land, so I think under licensing they wouldn't actually be able to serve at the tables.

"It would be an option for their customers to purchase within the property and then go and sit in the Community Garden.

"I have been in contact with Kim Evans from the licensing department, as licensees we're going to have to look at what terms and conditions, they [businesses] have got on their license.

"Apparently it's not actually an alcohol-free zone, but obviously people have to behave themselves and we wouldn't want an issue for the police."

Cllr Suzy Firkin sought clarity on whether the tables put in the public open space Community Garden could be used by anyone or whether they could only be used by customers of the businesses involved in the coalition.

Jackie MacArthur added: "I do think the management of those tables would have to be the responsibility of the coalition of businesses if they were to take it on.

"I think there's quite a few logistical issues that would need to be worked through."

Cllr Kay Wesley said: "I think it's similar to the cafes that are putting alfresco tables outside on the pavement, I think the same would apply.

"Some cafes are putting tables on the pavement and offering alfresco opportunities because they are reducing numbers inside, but obviously they may take a dim view if the general public start walking up and sitting at their tables when they haven't purchased anything from the café.

"I think this would be the same because they have no pavement, they have just asked to use our space, but it's really up to the businesses."

Cllr Martin Amies said: "In essence, I think this is really quite a nice idea. I think if the tables are placed and people start to use those regularly, the surface grass area will become very worn.

"If this is being used effectively as an amenity on behalf of the businesses who are making money on the back of that, surely they should then be asked to do some kind of upkeep, if this is done when the weather is damp it's going to exacerbate the problem even further, however, in the beautiful sunshine it would be nice to have a cup of coffee and a meal outside."

Cllr Paul Duffy suggested the proposal being trialled over a four-week period to see if there were any problems or issues that could be worked out.

Councillors agreed to allow the town council officers to evaluate the feasibility of the proposal with the businesses involved in principle.