Agenda item

Pavement Licences - Business and Planning Act 2020

Minutes:

The Strategic Lead Governance and Licensing informed Members of the changes to the issuing of pavement licences that would be brought in as part of Business and Planning Act 2020 (when enacted) as part of the Government’s economic recovery and growth agenda in response to the COVID-19 Pandemic. The Act would pass the responsibility of consulting and issuing pavement licences on the public highway to District Councils in England requiring a decision within a very tight timeframe (14 days from application to decision). The Council needed to put in place authority for dealing with these applications.

 

Members were informed that it looked like the Act would prevent this from being the responsibility of the Cabinet, which wasn’t the case when the report was written. Members were therefore asked to resolve an alternative position in case it needed to be considered by the Licensing & Enforcement Committee. In addition there were amendments to conditions in Appendix 1 to include Devon County Council in No.9 and that revocation of a licence would not benefit from any refund in No.30.

 

Councillor Joe Whibley wished to commend officers for their hard work over the last week as it had not been easy for all concerned in a licensing issue in Exmouth.

 

RESOLVED that Cabinet:

Recommendation A

That in the event the issuing of a pavement licence is an Executive Function then Cabinet;

1.     Notes the content of the report, in particular the process that District Councils will have to adopt in issuing pavement licences to businesses within the District, which is 14 days (10 working days) to include the statutory consultation period and the granting or rejection of the licence application.

2.     Agrees the application process that East Devon will follow to determine these applications including the consultations that will take place and the local conditions (Appendix 1 with Conditions 9 & 30 amended as detailed) that will be imposed on any grant.

3.     Gives delegated authority to the Strategic Lead (Governance and Licensing) to determine pavement licence applications under the Business and Planning Act 2020 together with imposing such additional conditions as may be deemed necessary as well as to take enforcement action including revocation of licences where considered appropriate to do so.

4.     Agrees that the Council will charge the maximum fee of £100 for the consideration of each application for a licence.

5.     Agrees the recruitment of a Grade 5 post on a fixed term (6 month) basis to support the administration of this new service.

6.     Gives authority to the Strategic Lead (Governance and Licensing) in consultation with the Portfolio Holder for Coast, County and Environment to make any necessary amendments to the process and local conditions which arise.

 

Recommendation B

That in the event the Act precludes the issuing of a pavement licence from being an Executive Function then Cabinet;

1.     Notes the content of the report, in particular the process that District Councils will have to adopt in issuing pavement licences to businesses within the District, which is 14 days (10 working days) to include the statutory consultation period and the granting or rejection of the licence application.

 

recommends to the Licensing & Enforcement Committee to;

2.     Agree the application process that East Devon will follow to determine these applications including the consultations that will take place and the local conditions (Appendix 1 with Conditions 9 & 30 amended as detailed) that will be imposed on any grant.

3.     Give delegated authority to the Strategic Lead (Governance and Licensing) to determine pavement licence applications under the Business and Planning Act 2020 together with imposing such additional conditions as may be deemed necessary as well as to take enforcement action including revocation of licences where considered appropriate to do so.

4.     Agree that the Council will charge the maximum fee of £100 for the consideration of each application for a licence.

5.     Agree the recruitment of a Grade 5 post on a fixed term (6 month) basis to support the administration of this new service.

6.     Give authority to the Strategic Lead (Governance and Licensing) in consultation with the Chairman of the Licensing & Enforcement Committee and the Portfolio Holder for Coast, County and Environment to make any necessary amendments to the process and local conditions which arise.

 

REASON:

Efficient and time critical administration of a new service which a District Council must provide.

Supporting documents: