Agenda item

Members received an update on the Business and Planning Act 2020 consultation on the draft Policy on Pavement Licensing.

 

The Principal Officer (Licensing), WRS explained that Members had previously approved a draft Policy on Pavement Licensing for the purpose of consultation with relevant stakeholders and were now being asked to consider the responses received during the consultation exercise, and to approve and adopt a finalised Policy on Pavement Licensing.

 

In July 2020, the Business and Planning Act 2020 was enacted. The legislation was expedited through Parliament to make provisions relating to the promotion of economic recovery and growth as the country emerged from various restrictions that were put in place in response to the global Covid-19 pandemic.

 

The legislation was put in place very quickly and was commenced as soon as it was enacted. That meant that there was very little time available to put in place policies and procedures for dealing with applications.

 

Worcestershire Regulatory Services agreed to take on the temporary pavement licensing functions on behalf of the Council as they were best placed to do so given that they already carried out functions on the Council’s behalf under the Licensing Act 2003.

 

The provisions in part 1 of the Business and Planning Act 2020 were originally only intended to remain in place for a temporary period, and section 10 of the Act originally stated that the provisions would expire at the end of 30 September 2021.

 

However, the temporary regime was subsequently extended on three separate occasions before a decision was taken to make it a permanent licensing regime. The regime was made permanent on 31 March 2024 by virtue of the commencement of provisions made in the Levelling Up and Regeneration Act 2023.

 

Now that the pavement licensing regime had been made permanent, it was necessary to review and revise the Council’s Policy on Pavement Licensing to ensure that it was fit for purpose and reflected the amendments made to the regime since it was first introduced.

 

A draft Policy on Pavement Licensing was prepared by officers and presented to Members at the Licensing Committee meeting held on 22nd July 2024. The draft policy was based on a template that had been created to form the basis for similar policies across all six district Councils in Worcestershire.

 

The draft policy was drafted with reference to the guidance on pavement licences published by the Department for Levelling Up, Housing and Communities (DLUHC) on 2nd April 2024 under section 8 of the Business and Planning Act 2020.

 

The draft policy sets out how people applied for a licence, how those applications would be advertised and consulted upon and how they would be determined. The draft policy also sets out the standard duration of licences and the conditions that licences were granted or deemed to have been granted, would be subject to.

 

The draft policy further detailed the approach to be taken in respect of compliance and enforcement activities in respect of the pavement licensing regime.

 

Members of the Licensing Committee approved the draft Policy on Pavement Licensing for the purpose of consultation with relevant stakeholders, subject to some minor amendments. These included the inclusion of Parish Councils in the list of those who would be consulted with on applications received.

 

The consultation exercise was undertaken between 12th August 2024 and 25th October 2024. The consultation exercise was facilitated using an online survey tool that asked respondents for their views and suggestions in respect of the items shown at paragraph 3.22 on page 182 of the main agenda pack.

 

The consultation survey was sent to the following:

 

· Highway Authority – Worcestershire County Council

· West Mercia Police Licensing Team

· Hereford and Worcester Fire & Rescue Service

· Environmental Health (WRS)

· Centres Manager for Bromsgrove District Council

· Planning Department at Bromsgrove District Council

· Worcestershire Safeguarding Children Partnership

· Director of Public Health (Worcestershire County Council)

· Trading Standards (Worcestershire County Council)

· Engagement, Equalities and Policy Team at Bromsgrove District Council

· Sensory Impairment Team at Worcestershire County Council

· District Councillors

· Parish Councils

· Representative bodies of local businesses

· National trade bodies for hospitality businesses

· Local and national representative bodies for those with disabilities

· Those who held or had applied for pavement licences from the Council

   Previously.

 

A link to the consultation survey was also hosted on the consultations page of the Council’s website and publicised via social media channels.

 

In total nine people responded to one or more of the questions asked in the consultation survey, although only four respondents chose to answer every question. A summary of the responses received was included in Appendix 1 to the report.

 

Whilst there were only a small number of responses received, the majority of respondents agreed with:

 

· The process proposed for those applying for grant of a pavement licence

· The process proposed for those applying for the renewal of a licence

· The list of those who will be consulted on applications

· The approach to be taken when determining applications

· The granting of licences for a period of two years

· The list of standard conditions for pavement licences

· The proposed approach to compliance and enforcement

 

One respondent suggested that letters should be sent to residential addresses when an application was received. Officers did not believe that this was necessary as the applicant had to display a public notice at the premises. The costs and time constraints involved also made this something that officers could not support.

 

One respondent suggested that licences should be issued for one year at a time, with another suggesting they should be granted indefinitely. The relevant legislation did not permit a licence to be granted for more than two years.

 

Officers believed that granting licences for the maximum two-year period would reduce administrative and financial burdens on businesses and the licensing authority.

 

Members were reminded that the licensing authority had the power to revoke licences where circumstances justified such a decision.

 

One respondent also suggested that small local businesses should be allowed to place a small amount of furniture adjacent to their property (not on the highway) without a licence. Members were further reminded that no pavement licence was required if the furniture concerned was not being placed on part of a relevant highway.

 

Having considered the responses received during the consultation exercise, officers were of the opinion that the Council did not need to make any further amendments to the draft Pavement Licensing Policy that was consulted upon.

 

Therefore, Members were being asked to approve and adopt the draft Policy on Pavement Licensing, as detailed at Appendix 2 to the report; and to take effect immediately.

 

Members raised a number of questions with regards to the cost of such a licence, who determined if an area was on the Highway and compliance and enforcement.

 

The Principal Officer (Licensing), WRS in response stated that any fees would need to be ratified by Full Council at the fees and charges setting process. The fees currently would be:-

 

 

·       £500 for the granting of a pavement licence.

 

·       £350 for the renewal of a pavement licence.

 

Any businesses that already held a pavement licence could apply for a two year licence once their current licence had expired.

 

There was a brief reference to the Highways Act 1980. Officers would look at each application case by case. Worcestershire County Council, Highways had specific maps (which were included on their website), as to the areas whereby curtilages were deemed to be on the highway. It was not always abundantly clear to businesses if the area outside of their premises was deemed as being on the highway, hence the reason why officers liaised closely with WCC Highways and businesses as to whether a pavement licence was actually required or not.

 

With regards to compliance and enforcement, Members were informed that compliance and enforcement officers would look to ‘fact find’ before engaging with businesses on any non- compliance issues and a staged approach to any possible enforcement action.

 

RESOLVED that the draft Policy on Pavement Licencing, as detailed at Appendix 2 to the report, be approved and adopted with immediate effect.