Agenda item

This Report provides background to the request that the Committee delegate authority to the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery to do all things necessary to extend and operate the pavement licensing arrangements under the Business and Planning Act 2020 as amended.

Michael Goddard, Head of Environmental Health, Trading Standards and Licensing explained Pavement Licensing was national legislation introduced by the government in response to the impact of the Covid 19 pandemic on the hospitality industry. It provided a fast-track approach for businesses to apply for a licence to place seats outside of premises. The processing and management of these arrangements was via delegation previously granted by the Licensing Committee to the Corporate Director of Public Realm in 2020, and subsequently extended each year since. The delegation was now held by the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery until 30 September 2023. It was noted this legislation was likely to be made permanent in the future. 

The report sought to extend the pavement licensing delegation to the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery until 30 September 2024 and to approve the licence fee set at £100.

The Committee commented on the positive impact of the legislation in creating café culture and queried its impact on the Licensing Team’s workload. Officers advised the turnaround time was tight and agreed the legislation had benefited businesses.

In response to questions officers advised if the delegation was granted, the Licensing Team would write to all licence holders informing them of the need to extend their pavement licence. Applications were processed in 14 days, with 7 days consultation period and 7 days processing. There had not been significant take up by businesses and pavement licence numbers were in the dozens.

The Committee queried what would happen if a business had not reapplied. Officers advised Temporary Street Trading Licences could be utilised as an interim arrangement if required and advised officers managed the enforcement of pavement licences.

In response to questions officers advised pavement or street trading licences were not usually required on private land.

The Committee queried how a flurry of applications in a particular area or district centre would be managed. Officers advised this was not expected, however the Licensing Team would respond to demand if it arose with site visits, checks and consultations.

The Committee queried the differences and overlap between Pavement Licensing and Street Trading Legislation. Officers advised Pavement Licensing was specifically introduced for hospitality businesses to place tables and chairs outside and did not cover the display of goods. Pavement Licences were cheaper than Street Trading Licences which had some impact on income.

The Committee RESOLVED, to:

1.1 Delegate authority to the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery to do all things necessary to extend and continue to implement and operate the pavement licensing arrangements under the Business and Planning Act 2020, as amended, including but not limited to the determination of standard conditions which apply, determining applications, revocation of licenses and authorising officers to enforce and exercise these functions and;

1.2 Set the fee for an application for a pavement licence at £100, which is the maximum fee permitted under the legislation for these licenses, such licenses to be granted for a period up to and including 30 September 2024.