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 implement and operate the permanent pavement licensing arrangements under The Business and Planning Act 2020 (as amended). It also recommends that the Committee set the duration of a pavement licence at one year and that the Committee sets the fee for an application for a new pavement licence at £500 and the fee for an application to renew a pavement licence at £350.

Members will recall that the temporary Pavement Licensing regime introduced under the Business and Planning Act 2020 was in force, following three extensions, until September 2024. However, the Government made amendments to the 2020 Act via The Levelling Up and Regeneration Act 2023 which has made the pavement licensing provisions permanent. This report details the permanent provisions.

In summary, the permanent provisions have an increased standard fee cap for both new and renewal licence applications, slightly increased consultation and determination periods relative to the temporary regime, a longer potential maximum duration of licenses and provides local authorities with new enforcement powers, including to remove unlicensed furniture.

The Head of Environmental Health, Trading Standards and Licensing explained that for the last three years officers had brought an annual report in respect of pavement licencing, this was introduced by the government as a result of the pandemic.

The Head of Environmental Health, Trading Standards and Licensing informed the Committee that the business and Planning Act 2020 included provision for pavement licensing and allowed premises such as cafes, restaurants and pubs to have tables and chairs on the public highway as people were unable not able to sit inside during the pandemic.

The Head of Environmental Health, Trading Standards and Licensing explained that the report was last brought to the Committee in September 2023, and the government had since made the act permanent.

The Head of Environmental Health, Trading Standards and Licensing stated that the chairs and tables had to be removeable.

The Head of Environmental Health, Trading Standards and Licensing informed the Committee that the first recommendation was to delegate authority to the Corporate Director of Sustainable Communities, Regeneration & Economic Recovery to do all things necessary to implement and operate the pavement licensing arrangements on a permanent basis.

The Head of Environmental Health, Trading Standards and Licensing explained that the fee under the temporary provisions was £100, the duration was for 1 year and the consultation and determination periods were for seven days each (14 days in total).

The Head of Environmental Health, Trading Standards and Licensing stated that the government had introduced two new fee caps, £350 for a renewal of an existing licence and £500 for a new licence for a duration of up to 2 years. The government had also extended the consultation and determination periods to 14 days each.

The Head of Environmental Health, Trading Standards and Licensing informed the Committee that the recommendation was for the duration of the license to be set at 1 year, £350 for a renewal of an existing licence and the fee for a new licence set at £500. The Head of Environmental Health, Trading Standards and Licensing stated that these fees would not cover the Council’s costs for administration in this area. The issuing of 1-year licences would give the Council greater oversight and control over the licence, so that they could ensure that the premises stayed complaint with the conditions attached to their licence.

The Head of Environmental Health, Trading Standards and Licensing explained that there were a number of existing pavement licences they're in place until the 30^th September under the temporary provisions, the premises licence holders would be written to from the 1^st October to see whether they wished to renew their licence.

The Head of Environmental Health, Trading Standards and Licensing stated that these provisions did not cover goods for sale they were specific to furniture being placed outside businesses on the pavement.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing informed the Committee that there were certain district centres where the pavements were not wide enough to have tables and chairs placed outside of premises. 

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing explained that there were 81 pavement licenses issued and under the Licensing Act 2003 there was no expiry date on those licenses, however there was an annual fee to be paid.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing explained that businesses would receive a reminder to renew their licence to avoid businesses trading without a licence.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing explained that the fees had not been increased as they were a statutory fee of £100; officers recommended the Committee agree to set the fee in line with the maximum allowed by the government.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing stated that there had not been any consultation with businesses regarding the increase, it had been in the trade news that pavement licensing would become permanent and the fees had increased.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing explained that the fees may have dictated the appetite for having tables and chairs outside of sites and now that the fees had increased there was not likely to be many more businesses applying.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing explained that £100 for the pavement licence was very cheap considering the costs to the Council and the space taken up on the public highway.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing stated that they had to be careful about charging big businesses more money than smaller ones. The work would be the same for officers regardless of the size of the business.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing informed Members that if the section where the tables and chairs were placed was on the public highway then a pavement licence would need to be issued, if the table and chairs did not sit one the public highway then a pavement licence was not required.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing explained that it may make more sense for certain businesses to go for a street trading licence rather than a pavement licence. Officers would be available to advise any business owners.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing informed the Committee that if it was a small display outside of the business then it may make more sense for them to apply for a street trading licence as it was charged per square metre.

In response to questions from Members, the Head of Environmental Health, Trading Standards and Licensing stated that the pavement licence fees were in statute and capped whereas the street trading licence was charged on a case-by-case basis.

Councillor Cummings moved to approve the recommendations and Councillor Parker seconded the motion.

The Committee RESOLVED, to:

1.1Delegate authority to the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery to do all things necessary to implement and operate the permanent 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.

1.2Set the duration of a Pavement Licence at one year and set the fee for an application for a new pavement licence at £500 and the fee for a renewal of a pavement licence at £350.

The Chair thanked all participants for their contributions and for attending.