Agenda item

The Committee was reminded that, in July 2020, the Business and Planning Act 2020 had made temporary provision for a fast-track process to allow businesses selling food or drink to obtain authorisation from the local authority for the placement of furniture such as tables and chairs on the highway adjacent to their premises, known as a “pavement licence”. The Committee had set the maximum allowable discretionary application fee of £100; however, in March 2021 it had agreed to waive the licence fee to help support businesses during the coronavirus pandemic. The temporary pavement licence provisions had subsequently been extended by the Government in July 2021 for a further year and the Committee again agreed to waive the £100 fee until the expiry of the licences on 30 September 2022.

Members were informed that the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2022 had extended the pavement licence provisions for a further year to 30 September 2023, after which time it was anticipated that proposals in the Levelling Up and Regeneration Bill would make permanent the transfer of the authority to grant pavement licences from Surrey County Council to this Council. It was also anticipated that the Council would be able to charge a maximum application fee of £350 for premises which already held a pavement licence and £500 for new applicants, as well as setting a maximum duration of a pavement licence of 2 years. At this time a further report would be considered to determine the duration of licences and the level of the licence fees.

The Committee considered whether the £100 fee should continue to be waived for applications for pavement licences granted for the period between 1October 2022 and 30 September 2023. It was noted that 16 businesses held pavement licences and it was anticipated that there will be similar demand for a further one year licence. Having considered the options, although it was recognised that similar fees had not been waived for other licence applications, the Committee agreed to waive the fees until 30 September 2023.

RESOLVED that the discretionary licence fee of £100 for pavement licence applications, made under the Business and Planning Act 2020, be waived until 30September 2023 in light of the ongoing economic difficulties for the hospitality sector.