Decision details

RESOLVED:

That the Cabinet:

1)    Note the new pavement licensing provisions from the Levelling-Up and Regeneration Act 2023, and as set out in Annex 1.

2)    Authorise new pavement licence fees of £350 for renewals and £500 for new applications.

3)    Authorise Officers to make amendments to the standard licence conditions to reflect the legislative changes required, as in Annex 2, and apply a duration of two years for pavement licences.

4)    Note that when reviewing pavement licence applications officers will ensure that businesses make reasonable provision for non-smokers to use outdoor seating space and that smoking and non-smoking areas are adequately separated.

Reasons for decision

The Cabinet Member for Residents’ Services introduced a report on the new pavement licensing regime under the Levelling Up and Regeneration Act 2023, which replaced the emergency provisions of the Business and Planning Act 2020, initially introduced to aid hospitality businesses during the COVID pandemic period by allowing them to place furniture outside their premises. The Cabinet Member highlighted that there would be an increase in the fees from the original £100 to £350 for renewals and £500 for new applications, covering a two-year period. The Cabinet Member also outlined the need for the reasonable provision for non-smokers in outdoor seating areas, ensuring that smoking and non-smoking zones were adequately separated.

The Leader of the Council welcomed the clarity provided by the new guidelines, especially regarding the accommodation of non-smokers in outdoor seating arrangements.

Alternative options considered and rejected

None, other than for the Council to not meet its statutory obligations.