Agenda item

To explain the changes to the temporary pavement licensing regime under the Business and Planning Act 2020

Members considered the Business and Planning Act 2020 – Pavement Licence report presented by Michelle Bishop.

Members made comments, asked questions and received responses as follows:

·         Councillor Meekins asked if there is a recommended area size for a table and chairs. Michelle Bishop responded that firstly an area needs to be adjacent to the property and in terms of how many tables they apply for, officers will look to see the number suitable based on that area size. If there are concerns about a business with a pavement licence encroaching in other areas, the conditions of the licence will be reviewed on a case-by-case basis. A plan of where tables are to be situated, showing dimensions, will need to be submitted with each application and officers will visit to measure and check the area is suitable before issuing a pavement licence. This is why Licensing officers are pleased to see an increase in the consultation period from 7 to 14 days to allow that extra time to plan visits.

·         Councillor Carney mentioned he once received an enquiry from a business owner whose premise was exempt from a pavement licence so would they be exempt from the charging scheme? Michelle Bishop responded that if a business owns the area at the front of their business then it does not come under Highways and they do not need to apply for a pavement licence.

·         Councillor Murphy asked if the scheme would be mandatory, so anyone putting tables and or chairs outside will have to pay the licence. He would also like to know if investigations will be undertaken to ensure nobody is getting away with not paying if they should. Michelle Bishop affirmed this saying that previously without enforcement powers the Council could only encourage business owners to apply for a pavement licence but now the Act has been passed they have specific powers, and if approved today, this meeting is about agreeing the fee structure.

·         Councillor Hicks asked what the mandate will be regarding table sizes as the bigger the table, the more chairs it can accommodate so more people can sit there. This will be unfair on a smaller business who would need to supply more tables to seat the same number of people and he suggested the fee structure be based on the number of chairs to make it fairer for small businesses.  Michelle Bishop responded that this is covered in that the two fee structures state the number of tables and/or chairs.

·         Councillor Humphrey commented that some establishments that want to trade on the pavement have got more space than others so presumably Licensing officers would need to ensure a public footpath is still maintained for pedestrians. Michelle Bishop stated that is why officers will go out to measure the area to ensure there is still adequate room on the footpath.

·         Councillor Miscandlon raised an issue in Whittlesey where a public house has tables outside but within the curtilage are two FDC-owned seats. Staff discourage people from sitting there if they are not using the public house’s facilities and he asked if the seats need to be moved although the public are within their rights to sit there regardless. Michelle Bishop said she would investigate this as she is aware of the issue but thought it had been resolved.

Proposed by Councillor Humphrey, seconded by Councillor Woollard and AGREED:

·         that the Licensing Committee take note of the changes to temporary pavement licensing and proposed transitionary arrangements.

·         that the fee for applications be charged at the set amount in the table below:

·         the length of licence be granted for 2 years or less by exception only, and

·         Any appeal following refusal of an application or revocation of a licence to be referred to the Licensing Sub-Committee.