Agenda item

The Executive RESOLVED that

    (i)        authority be delegated to the Executive Head of Community to determine any application for a pavement licence made in accordance with the Business and Planning Act 2020;

  (ii)        authority be delegated to the Executive Heads of Community, Regulatory and Transformation with regards to the remaining licensing provisions in the Act, including enforcement;

 (iii)        the Executive Head of Business be authorised to determine any appeals made against the decisions made at recommendation (i) above;

 (iv)        the fee for the Pavement Licence be set at £100; and

  (v)        the Guidance to Businesses, attached at Annex A to the agenda report, be noted.

The Executive received a report detailing the likely implications of the Business and Planning Bill 2020 and seeking delegation of powers to enable the licensing provisions contained within the Bill to be implemented.

The Bill introduced a new, temporary, fast-track process for these businesses to obtain permission, in the form of a “pavement licence”, from this Council for the placement of furniture such as tables and chairs on the pavement outside their premises which would enable them to maximise their capacity whilst still adhering to social distancing guidelines. Currently, permission for businesses to place tables and chairs outside their premises on the public highway was granted by Surrey County Council. The Government had suggested that these arrangements would come to an end in September 2021 unless extended.

Although it was envisaged that the resources required to process an application was likely to cost in excess of £100, the maximum licence fee allowed under the Act was £100. It was therefore proposed that the licence fee be set at £100.

Members were advised there had initially been indications that the provisions set out in the Bill would be an executive function and consequently the responsibility of the Council’s Executive. However, recent amendments to the draft legislation had suggested it would be changed to a non-executive function and, if this was confirmed upon the Bill receiving Royal Assent, the matter would be reported to the Licensing Committee for consideration.

RESOLVED that

                        (i)          authority be delegated to the Executive Head of Community to determine any application for a pavement licence made in accordance with the Business and Planning Act 2020;

                      (ii)          authority be delegated to the Executive Heads of Community, Regulatory and Transformation with regards to the remaining licensing provisions in the Act, including enforcement;

                     (iii)          the Executive Head of Business be authorised to determine any appeals made against the decisions made at recommendation (i) above;

                     (iv)          the fee for the Pavement Licence be set at £100; and

                      (v)         the Guidance to Businesses, attached at Annex A to the agenda report, be noted.