Waterford publican fails in appeal over refusal of licence for outdoor seating and tables

An Bord Pleánala has rejected an appeal by a Waterford publican against the decision of the local authority to refuse a licence for outdoor tables and chairs.

John McGrath of Downey's Bar, Main Street, Dungarven had sought a street furniture licence for 8 tables and 32 chairs in an area located on the road outside the front of the premises.

The traditional Irish pub was granted a street furniture licence during the Covid-19 restrictions but the application to renew it was refused by Waterford City and County Council.

In her report, which has just been published, planning inspector Mairead Kenny noted the "relevant lands comprise part of the vehicular carriageway" and that proposed location is 23.2 square metres in size.

In refusing the application for a licence, Waterford City and County Council stated the proposal would be contrary to policies of the development plan to protect the character and setting of the streetscape in an Architectural Conservation Area (ACA) and would "contribute to visual clutter and disorderly development and establish a most undesirable precedent".

In his appeal, Mr McGrath said the outside area, which has been painted to match the pub, has allowed him to increase turnover by 30% and to pay off debts.

He said some customers may still prefer to sit outside when the choice is offered and he submitted that the refusal puts his business "at a serious disadvantage" as a number of other pubs in the town have been granted street furniture licences.

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Recommending that the appeal be refused, Ms Kenny, who visited the premises and location in March, stated that she was satisfied that the conclusions drawn by the planning authority were reasonable.

"The erection of street furniture at this location would impede views to protected structures in the vicinity and significantly detract from the character of the ACA in my opinion," she wrote.

"The proposed development intervenes with the flow of traffic and is prominently positioned in the middle of a public road and constitutes disorderly development and by reason of this and the adverse effect on architectural heritage the proposed development is not in accordance with the proper planning and sustainable development of the area," she added.