Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To provide openness and transparency in the exercise of new non-executive functions under the Business and Planning Act 2020 relating to Pavement Licenses.
To provide a clear delegation of authority for officers to determine applications under Section 1 of the Act.
This is a non-executive function, and the recommendation is to delegate it to an officer to determine the licence if representations are received.
The Business and Planning Act 2020 comes into force on Thursday 23rd July 2020 and is intended to make provision relating to the promotion of economic recovery and growth following the Covid-19 pandemic. It introduces a streamlined and cheaper route for businesses such as cafes, restaurants, and bars to secure a licence to place furniture on the highway. This will support them to operate safely while social distancing measures remain in place. This will provide much needed income over the summer months and protect as many hospitality jobs as possible.
Any licence is issued for a minimum of 3 months and a maximum of 12 months. All licenses will expire by law at the end of 30 September 2021.
The Council must determine any application within 10 working days following a 5 working day consultation with the County Council Highways Authority as a statutory consultee. Further consultees will be The Police, The Fire Service, Environmental Health and Local Parish Councils and the public. Failure to determine the licence within the above timescale will deem the licence granted.
There is no statutory appeals process and as such there is no right of appeal against the refusal or revocation of a licence although the Council can introduce such a process.
It is not proposed to charge a fee for this licence.
A licence can be granted subject to such conditions as the District Council considers reasonable. The current County Council Licensing Conditions have been reviewed and incorporated into these conditions.
It is a national condition of any licence that clear routes of access along the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of Inclusive Mobility.
Please see Appendix A for The Policy which also includes the application form, site notice Template for display by an applicant and Appendix B for the proposed conditions.
To Authorise Licensing Officers to determine applications and fee under Part 1 of The Business and Planning Act 2020 which enables the District Council to issue Pavement Licences to pubs and other businesses selling food or drink for consumption on or off the premises. A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.
In order to formalise arrangements for carrying out this function the Chief Executive, has made this decision in exercise of the emergency delegation in paragraph 4.4 of the Scheme of Delegation in Part 7 of the Constitution and after consultation with the Leader of the Council.
Due to the Covid 19 crisis and the need to support business and boost the economy for the Council to administer the Business and Planning Act 2020 in relation to Pavement Licences in line with Government guidance.
None. The Council is responding to Central Government direction.
Publication date: 24/07/2020
Date of decision: 23/07/2020