Decision details

1.  That following the Business and Planning Act 2020 receiving Royal Assent, the following steps have been put in place in accordance with the licensing delegations in our constitution:

a.  That all functions are delegated to officers (the Director of Operational & Commercial Services) to implement the process for, and allow for the determination of, applications for pavement (outdoor seating) licences;

b.  To agree a fee of £100 for an application for a Pavement Licence;

a.  The Licensing Sub-Committee/Licensing Board will have the function of hearing and deciding appeals arising out of any decision relating to the grant of a pavement licence.

Since March 2020, central government has introduced a number of pieces of legislation with regard to responding to the Covid-19 pandemic and the associated recovery of society and the economy. The Business and Planning Act 2020 allows for businesses to apply to put tables and chairs on the highway. The legislation allows for a licence to be granted by default if the local authority does not grant or refuse it within 7 days from the end of a 7 day consultation period.

The legislation is a Council (rather than an Executive) function and has been placed in Part B of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (S.I.2000/2853) (functions which are not to be the responsibility of an authority’s executive). Part B relates to licensing and it is therefore deemed to be covered by existing delegations.

Given that the legislation is deemed to be a licensing function and is not an executive function, no other alternatives were considered.

Given that the legislation is deemed to be a licensing function and is not an executive function, no other alternatives were considered.