To receive a verbal update.
Minutes:
Members received a verbal update on the implications of the Levelling Up and Regeneration Bill with regard to Pavement Licences.
The Business and Planning Act came into force July 2020. The Act made it easier for businesses serving food and drink to seat customers outdoors through temporary changes to planning procedures and alcohol licensing during the Coronavirus pandemic. The Act also temporarily transferred the authority to grant pavement licences for tables and chairs from Surrey County Council Highways to the Borough Council. The Act was amended in July 2021 to continue these arrangements and the current pavement licences issued under the Act were set to expire on 30 September 2022. In March 2021 the Licensing Committee resolved to waive the discretionary licence application fee of £100 originally set by the Council, to support local businesses.
The Levelling Up and Regeneration Bill proposed to make permanent the transfer of the authority to grant pavement licences from Surrey County Council to the Borough Council, with some slight amendments.
These changes included the amendment of the fee councils could charge applicants; and would increase it from a discretionary maximum of £100 to a maximum of £350 for premises which already held a pavement licence, and a maximum of £500 for new applicants.
Other changes included the extension of the public consultation and duration periods, the insertion of new enforcement powers where premises weren’t abiding by set pavement licence conditions and a discretionary ability to extend the maximum duration of a pavement licence to two years.
It was noted that the Bill will have its second reading on 8 June 2022 and is not expected to become an Act until after the existing Pavement Licences expire on 30 September 2022. In the meantime it is understood that temporary regulations will extend these licences by one year to September 2023.
It is proposed that that officers will report to a future Licensing Committee when the new legislation is enacted to confirm the new arrangements, with recommendations as to the duration of licences and level of the licence fees.
RESOLVED that the report be noted.