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The Committee received and considered the report presented by the Licensing and Elections Manager, Mrs D G Wilby, regarding pavement licenses.
The Licensing and Elections Manager explained that pavement licences are currently issued under temporary legislation after being introduced in response to the COVID-19 Pandemic under the Business and Planning Act 2020; however, this temporary legislation is due to expire at the end of September 2024. It was noted that central government have made the decision to make the scheme permanent, with some amendments, through the Levelling Up and Regeneration Act 2023. The Licensing and Elections Manager further explained that the fee cap is increasing from £100 to £500 for first time applications and £350 for renewal applications – it was added that fees are subject to each local authority deciding what cost would be appropriate, considering the amount of time spent administering the licence. Additionally, the licences can be granted for any length of time up to the maximum of two years, though it is expected that local authorities will grant two-year licences unless there is a good reason to do otherwise. It was noted that other changes include an extension of the consultation and determination periods to 14 days each and additional enforcement powers granted to local authorities.
The Licensing and Elections Manager explained the breakdown of costs outlined as shown on page 2 of the report, stating that new licences will be issued under the new provision and the proposed fees have been calculated to ensure that they are set at an appropriate level to support the recovery of the cost associated with providing the service.
The Licensing and Elections Manager stated it is therefore proposed that the fee be £250 for a new pavement licence and £200 for a renewal. Members were asked whether they would make a recommendation to Cabinet for an amendment to the fees and charges.
Councillor G Carpenter suggested that the charge of £104, as shown in the table on page 2 of the report, would not be needed for a renewal and therefore the renewal cost should be lowered to £150, unless there is a justification as to why it should be £200. The Licensing and Elections Manager explained that the admin process would be the same for a renewal application as that of a new application, and that it is the difference in required enforcement that makes the renewal application £50 cheaper. Councillor G Carpenter commented that this is a fair justification.
Councillor Mogford requested clarity on whether pavement licences are for selling goods on the pavement. The Licensing and Elections Manager confirmed that these pavement licences are for licensed premises to have tables and chairs on the pavement in order to facilitate the consumption of food and drink with additional outdoor seating.
Councillor Newcombe asked whether there will be any enforcement against businesses who place tables and chairs on the pavement without a licence. The Licensing and Elections Manager stated that Licensing Enforcement Officers have enforcement powers and monitor businesses using the pavement to ensure that the correct licences are in place.
Councillor Waters-Bunn stated that the fee increases from £100 to £250 could have a negative impact on small locally owned businesses and asked how many pavement licences there are currently in the Borough. The Licensing and Elections Manager stated that there are roughly 20 pavement licences in the Borough and explained that as the current fee is £100 for one year, the £250 for a two-year new licence is only a £50 increase overall.
RESOLVED:-
That the Licensing Committee recommend to Cabinet an amendment to the fees and charges for pavement licences of £250 for a new licence and £200 for a renewal.