29 Pavement Licensing - Review of Sub Delegation PDF 301 KB
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Minutes:
Members heard from the Housing and Environmental Enforcement Manager that Pavement Licensing under the Business and Planning Act 2020, also referred to as a café licence, had been revised to allow Local Authorities to charge a fee for issuing and renewing a Pavement Licence. These licences were introduced during the Covid-19 Pandemic, as a gesture of goodwill, to allow premises to extend their offer to outdoor dining. The power was delegated to District and Borough councils to administer the licences, working with County Councils as the Highways Authority. West Lindsey District Council has worked closely with Lincolnshire County Council on this, and the County Council had agreed to set fees at £500 for a new application and £350 for a renewed licence. The Pavement Licence would be valid for a 2-year period and there would be a determination period of 14 days for the licence. Members were requested to approve the recommendations to continue to sub-delegate to Lincolnshire until September 2026 and there were no changes in legislation expected for this period and any updates would be brought back to the Committee for consideration.
Members discussed the small number of premises with Pavement Licences in West Lindsey and suggested that the Council produce more publicity to make businesses aware of the offer. The Housing and Environmental Enforcement Manager explained that the licence only applied to businesses operating on the public highway and for private landowners it was a planning matter. The Council could provide advice to businesses interested in the scheme and if there were any premises that Members felt may require a Pavement Licence, they could contact the team who would refer these to Lincolnshire County Council.
The Chairman thanked the Housing and Environmental Enforcement Manager for his report and highlighted the recommendations contained in the report.
Having been proposed and seconded, the Chairman took the vote and it was unanimously
RESOLVED that the Committee approved:
a) The Districts Council’s function in relation to “Pavement Licenses” under the Levelling Up and Regeneration Act 2023 be delegated to Lincolnshire County Council until September 2026.
b) The County Council, under this delegation, will look to issue licenses for a two year period, unless there is good reason to issue them for a shorter time period.
c) A summary of the delegation relating to Pavement Licenses will be presented to Regulatory Committee bi-annually and any further delegations considered within this.