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Pavement license appeals


megilleland
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Agenda
Council - Friday 17 July 2020 10.30 am

Item 7: AMENDMENTS TO THE CONSTITUTION

To agree amendments to the constitution relating to the Health and Wellbeing Board and new pavement licensing legislation

Pavement license appeals

14. On Thursday 25 June 2020 the Business and Planning Bill was introduced by the
Government, this is being fast tracked through Parliament and anticipated to be law by
the end of July 2020. The Bill amongst other matters introduces a new form of pavement
licence which will allow food and drink businesses to put tables, chairs and temporary
counters etc. on the “highway” outside their premises for their customers to use.

15. This new pavement licence will replace the current highways amenity licence for a
temporary period until 30 September 2021. The new licence process will be streamlined
in terms of determination. It is currently proposed that there will be a 5 day
consultation/publicity period followed by a 5 day period for a decision to be made. If the
application is not determined within the 10 days then it will be deemed to be granted. All
licences decided on and granted will be valid for a minimum of 12 months. A deemed
licence will not be valid beyond 30 September 2021.

16. Licences will be subject to national conditions and locally determined conditions, which
will need to be justified.

17. There is not a proposed statutory right of appeal for decisions made on pavement
licences under this proposed legislation therefore the draft guidance on pavement
licences (outdoor seating proposals) published by MHCLG on 25 June 2020 suggests 
that councils “may wish to consider the scope of an internal review process, for example
permitting appeals to their Licensing committee”.

18. It is suggested that the appeals will be conducted on the same basis as licensing
hearings.

19. As the legislation is not yet in force, it is suggested that authority is delegated to the
monitoring officer to include this function in the licensing subcommittees functions if no
right of appeal if provided for in the legislation. 

Is there a charge for the licence?

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