Agenda item

On the 21 July 2020 an Urgent Delegated Decision had been taken to delegate the District Council’s function in relation to “Pavement Licenses”, under the Business and Planning Act 2020, to Lincolnshire County Council up until the 30th September 2021. With the legislation extended, this decision to delegate was further ratified for another 12 months at the Regulatory Committee meeting held on 16 September 2021, extending the delegation to 30 September 2022.

It had now been confirmed that the provisions within the Act would be extended until the 30 of September 2023. The Committee therefore gave consideration to a report in which it was proposed that the existing Sub-Delegation of Pavement Licenses to Lincolnshire County Council be further extended until 30th September 2023. The Committee were also asked to  consider, in the event the Act’s provisions were extended further,  that the existing Sub-Delegation of Pavement Licenses to Lincolnshire County Council be extended until 30 September 2024.

The report set out the rationale for proposing to continue with the delegated arrangement noting, prior to the Business and Planning Act 2020, such matters had been a function of the County Council and as such the District Council had no processes in place to administer the function.

Section 3 of the report set out the extent of the current sub-delegation, the services the County Council provided as a result, free of charge and the number of applications made since the introduction of the legislation, which amounted to six in the District. There were alternative options to the Council and these were outlined in Section 4. The Officer concluded his presentation to emphasise that resolution c) was about communication with the Committee.

Debate ensued, and Members expressed their general support for continuing the process. Some Members referenced case studies in their wards and asserted problems with Lincolnshire County Council’s approach regarding enforcement. It was highlighted in the debate that Members could contact the Licensing and Enforcement teams at any point about issues in their wards.

In response to questions, it was confirmed that both the Licensing and Planning Departments of West Lindsey were consulted when applications for such licences were received, and that local ward members would also be informed. Members were reminded the legislation was to enable businesses to succeed. Members also learned that Lincolnshire County Council notified West Lindsey District Council and the relevant parties and would contact the Environmental Protection team, the Health officers, and the local ward member(s), utilising a time-limited online portal for comments. Further assessments would then include site visits and making residents aware that a cafe/pavement license application had been made.

Having been proposed and seconded, upon taking the vote, it was

                        RESOLVED that: -

a)    the Districts Council’s function in relation to “Pavement Licenses” under the Business and Planning Act 2020 be delegated to Lincolnshire County Council for a further 12 months up until the 30 September 2023;

b)    the Districts Council’s function in relation to “Pavement Licenses” under the Business and Planning Act 2020 be delegated to Lincolnshire County Council for a further 12 months beyond this, to 30 September 2024, subject to the provisions within the bill remaining in place; and

c)     to enable Members to determine whether the matter should be called back to Committee prior to the delegation ceasing, information relating to “Pavement Licenses” be shared electronically with Members of the Regulatory Committee in advance of the end date of each delegation.