Decision details

The purpose of this report is to:
1. To update the Chief Executive on the statutory obligations of local authorities under the Business and Planning Act 2020 in relation to the issuing of pavement licences.
2. To seek approval of appropriate delegations and fees in relation to pavement licensing.

THAT the Chief Executive in consultation with the Mayor:
1) Notes the contents of this report and the statutory obligations of Local Authorities under the Business and Planning Act 2020.
2) Delegates authority to the Director of Community Health and Wellbeing to exercise all functions under Part 1 of the Business and Planning Act 2020.
3) Agrees that pavement licence applications will not attract an application fee.
4) Submits a report for consideration at the next meeting of Council proposing the delegation of pavement licensing functions to the Environment and Licensing Committee.

To ensure awareness of and compliance with legal obligations to facilitate and support businesses within the Borough to transition from lockdown and to boost economic recovery.

To ensure efficient decision making and compliance with statutory time frames and avoid Members from becoming overwhelmed by applications, and administration of pavement licences.

To support businesses and the local economy by enabling premises to operate on the highway without imposing additional charges.

To ensure going forward that the functions sits within the remit of the Environment and Licensing Committee responsible for licensing functions of the Council.

The receipt of and determination of applications for pavement licences will be a statutory requirement under the Business and Planning Act 2020, as such the Council are required to ensure the application process is available and licences are issued where appropriate.

An alternative option could be not to delegate authority to the Director of Community Health and Wellbeing to exercise all functions under Part 1 of the Business and Planning Act 2020 in relation to pavement licences. This would mean that exercising these functions would remain the responsibility of full Council as this function is a new non-executive function. Given the speed within which the Business and Planning Bill has progressed through parliament and its immediate effect, the Council needs to ensure that decisions can be taken swiftly. There has not been time to convene an emergency meeting of Council to enable them to delegate the functions to the Environment and Licensing Committee or alternatively to officer level. The Council needs to be able to start processing applications as soon as possible and ensure that appropriate conditions are in place. By delegating the function to Director level, the Council can establish appropriate operational measures and begin determining applications quickly without overburdening Members.

An alternative option would be to levy a fee for applications, this is generally not the approach that has been taken by other local authorities as the aim of the process is to boost local economies and encourage businesses to take up the option of trading outside premises if it is safe to do so.

An alternative option would be not to report to full Council seeking formal delegation of the pavement licensing function to Environment and Licensing Committee. The recommendations above will enable the functions of the Act to be carried out at Director level, however, moving forward, there may be changes made to the legislation. A delegation to Committee level will ensure members are involved in the progress of the powers under the Act and as it is essentially a licensing function, this sits well with other functions which the Environment and Licensing Committee are responsible for.