megilleland Posted July 17, 2020 Report Share Posted July 17, 2020 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statutory right of appeal for decisions made on pavement licences under this proposed legislation therefore the draft guidance on pavement licences (outdoor seating proposals) published by MHCLG on 25 June 2020 suggests that councils “may wish to consider the scope of an internal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? Quote Link to comment Share on other sites More sharing options...
Peter Thomas-Cruttwell Posted July 18, 2020 Report Share Posted July 18, 2020 This is interesting, previously businesses were quite restricted on what they could place on pavements because of blind people etc Quote Link to comment Share on other sites More sharing options...
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