Issue - meetings

Members gave consideration to the Pavement Licenses report, which proposed revisions to the powers sub-delegated to Lincolnshire County Council in respect of Pavement Licensing.

In September 2022, the Regulatory Committee had agreed to delegate the District Councils function under the Business and Planning Act 2020 for “Pavement Licenses” to Lincolnshire County Council for a further 12 months up until the 30 September 2023. The Committee had also agreed to delegate the same function until 30th September 2024, subject to the provisions remaining in place. The licenses ran annually, with many businesses taking them out during Covid. It was the Authority’s role to ensure the relevant stakeholders were aware, consult, and report to the Lincolnshire County Council.

Prior to this Act pavement licences (also known as “street café licences” and “tables and chairs licences”) which allowed businesses such as cafes, restaurants and bars to place furniture on the highway were determined by Lincolnshire County Council (LCC) under the Highways Act 1980.

Since September 2022, the Government had been seeking approval for the Levelling-Up and Regeneration Bill (The Bill), which would now include the provisions for Pavement Licenses and would allow the Licensing Authority to charge a fee for the service. As such this required an amendment to the delegation in place

Members heard of the two options available, which were to either continue with, and amend the sub-delegation to enable the charging of fees as per the Bill, or to cease the sub-delegation and deliver the service in house.  Members noted the number of licences were small, whilst the cost of introducing a new service could be considerable.  As such it was being recommended that the delegation be amended to allow continued delivery by the County Council.  Assurance was offered that the Committee would continue to have the ability to review this arrangement at least annually.

With no further comment, having been proposed and seconded, upon taking the vote, it was unanimously

RESOLVED that: -

a) the Districts Council’s function in relation to “Pavement Licenses” under the Business and Planning Act 2020 and subsequently the Levelling Up and Regeneration Bill be delegated to Lincolnshire County Council until September 2024;   

b) Lincolnshire County Council be permitted to set and charge a fee of up to £500 for a new licence and £350 for a renewal under the delegation granted above until September 2024; and

c) a summary of the delegation relating to Pavement Licenses be presented to Regulatory Committee annually and any further delegations considered within these reports.