Agenda item

(Director of Corporate Support Services) To consider the attached report (LSC-005-2010/11).

The Senior Licensing Officer presented a report upon pavement licences.

The Committee was informed that there had been an increase in the number of tables and chairs being placed on pavements within the District. The Highways Act 1980 gave the District Council the power to grant consents for objects and obstructions to be placed on the public highway. It was highlighted that consent would be only be required for items placed on the public highway; if the street furniture was kept within the premises’ curtilage then consent would not be required. Display boards would also require consent if placed upon the public highway. The Assistant Director (Legal Services) added that Essex Police had requested an extra condition stating that any glasses taken out to furniture on the public highway should be made of toughened glass. The Committee was requested to recommend that the Council adopted the scheme of delegations whereby Officers could grant permission if no objections were received for the application, the standard conditions to be imposed on consents and the fees to be charged when issuing a consent - £125 per annum for five or more tables and associated chairs; £75 for less than five.

The Assistant Director (Legal Services) added that the County Council had requested the District Council to issue such licences so that enforcement action could be taken against obstructions on the public highway. The District Council was the licensing authority, but enforcement action could be taken by either Council, as the County Council was the Highways Authority. The local Town Centre Officers had also requested that the District Council take on this function, although it was highlighted that the Council had never received a complaint in relation to a Pavement Licence.

The Committee was informed that there was currently no plan to do formal periodic inspections of premises, but to rely upon reports from the public and Neighbourhood Officers. Although a licence would not be required for tables within a Premises’ curtilage, planning consent could be required; if both a licence and planning consent was required then it would be a valid reason to refuse the licence until planning consent had been granted. It was intended to perform an initial inspection of all establishments within the District by the summer of 2011.

The Committee agreed the additional condition requested by Essex Police, and queried the level of fees being recommended by the report. It was felt that this should be reconsidered and the fees for such licences should be double the amount recommended by the Officers.

RESOLVED:

(1)        That the issue of Pavement Licences by the Council under Section 115E of the Highways Act 1980 be noted;

(2)        That the schedule of delegation, whereby applications for Pavement Licences would be determined by the Licensing Sub-Committee if an objection was received but otherwise delegated to Officers, be recommended to the Council for adoption;

(3)        That the standard conditions to be attached to the Pavement Licences issued, with the additional condition from Essex Police for glasses taken out on to the Pavement to be made of toughened glass, be recommended to the Council for approval; and

(4)        That the level of fees, £250 per annum for premises with five or more tables on the pavement and £150 per annum for premises with less than five tables,  be recommended to the Council for adoption.