Agenda item - Business and Planning Bill, Grant of Pavement Licences

To consider the attached report (C-016-2020/21).

(1) That the Cabinet noted that the Business and Planning Bill was at Committee Stage in the House of Lords and was likely to get Royal Assent this month and that the Council should have a process in place to determine licensing applications made under the Act;

(2) That in order to achieve the tight timelines for determination of Licence Applications under the new Act, the Cabinet agreed:

(a) To amend the Scheme of Delegation and add decision making authority to the role of Director of Contract and Technical Service / Director of Commercial and Regulatory Services in respect of applications that do not receive any objections and those that do receive objections the Portfolio Holder for Commercial and Regulatory Services or the Leader of the Council be consulted as well as the Chair or Vice Chair of the Licensing Committee before a decision can be made;

(b) That Consultations on licence applications be carried out by electronic and digital means only;

(c) That the relevant ward members would be consulted on any license applications related to their ward;

(d) That Licence fee will be as set out in Resource Implication section of the report;

(e) That the licence period shall be the maximum permissible under the Act currently likely to be up to September 2021; and

(f) That Licensing Conditions as attached to the report were adopted.

(3) That the Chairman of Council agreed to waive the call-in for this decision on the grounds that the implementation of these recommendations would need to be put into immediate practice as soon as the Act received its Royal assent.

The Commercial and Regulatory Services Portfolio Holder introduced the late supplementary report on the Business and Planning Bill, grant of pavement licences.

It was noted that because the implementation of these recommendations would need to be put into immediate practice as soon as the Act received Royal Assent, that the Chairman of Council was asked and agreed, to waive the call-in period for this decision.

It was noted that Parliament was considering fast-track process for the Business and Planning Bill that was currently at second reading stage in the House of Lords. The reason for this was to ensure the Bill achieved Royal Assent before Parliaments summer recess.

The Bill was intended to assist businesses in recovery from impacts of Covid-19. Measures include ability for bars, pubs and restaurants that had on site alcohol licences to be able to sell off site and allow these premises the flexibility to seek licences for outdoor seating.

Other measures include road hauliers and other passenger and public service vehicles that were dependent on heavy vehicles testing get certificates of exemptions for public services and goods from the Driver Vehicle Standard Agency (DVSA). The Bill introduced a new route for developers to seek to amend planning restrictions on construction site working hours to temporarily allow extended working hours and extend expiration of certain planning permissions and listed building consents.

This report sought approval from Cabinet for necessary consents, approvals, pavement licensing conditions, delegated authority and processes for dealing with objections for applications made under the Act for placing tables and chairs outdoors.

The Licensing Committee had been consulted on the contents of the report and were in agreement.

Councillor Morgan, the Chairman of the Licensing Committee, agreed that this was the way forward to get businesses going again.

Councillor Chris Pond suggested that it should be put into the recommendations that all relevant ward members should also be consulted. This was agreed by the Cabinet.

He also wanted to know about the protection of established markets, and how this would affect them. And how would notification would be given. Councillor Patel said that it would be advertised on our website, and there would also be public notice outside the premises for seven days. As for the protection of existing markets, that was in one of the licensing conditions that the licenced area has to align with existing local business arrangements including regular markets.

Councillor Murray was pleased with the report but offered up a word of warning that by using the pavements it may discourage people from using the high street, with people smoking and drinking on the pavements. Councillor Patel said that smokers would have to have a separate designated area to be identified on the application. Councillor Holly Whitbread noted these comments from a community safety angle and would take them on board.

Decision: