Issue details

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 23^rd 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.