Issue - meetings

Report ES20155

To support the hospitality sector’s recovery and to allow the businesses to operate whilst managing the risks arising from the COVID-19 pandemic, the Business and Planning Act 2020 (the Act) was given Royal Assent on 22 July 2020. The Act initially relaxed licensing and planning laws until 30 September 2021 by (a) making it easier for the hospitality sector to obtain permissions to seat and serve customers outdoors, creating a fast-track pavement licence application process and (b) enabling automatic extension of alcohol off-sales to premises that already had permission for on-sales. Through the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 (the B&P amendment regulations) the Government had now extended these temporary provisions until 30 September 2022. It was anticipated that the changes would be made permanent. A Member commented that the Council should lobby to ensure that it could set fees that would make the process cost neutral.

The London Borough of Bromley Pavement Licensing Policy (the Policy) set out the strategy aimed at facilitating the pavement licence application process whilst maintaining public safety during the COVID-19 pandemic and beyond. The policy had been amended to incorporate the provisions of the B&P amendment regulations. The Current Pavement Licensing Policy was available for comment as part of the report.

The Report provided background to the exercise of the delegated authority of the Council to process and provide a decision under the Business and planning Act 2020.  Specifically, in relation to Pavement Licensing and changes necessitated by administrative convenience to delegate authority to the  Director of Environment and Community Services to do all things necessary to implement and operate the pavement licensing arrangements under the Business and Planning Act 2020.

Officers emphasised that although the Act allowed businesses to extend their activity over the highway, they would not be allowed to block the highway. Any structures placed on the highway had to be removed at the end of the day – officers asked Members to bear in mind that extra tables and chairs were sometimes on private forecourts rather than on the highway.

The Council was pursuing a light touch monitoring and enforcement approach – there had been very few applications that needed to be refused, and where there had been occasional complaints officers had generally been able to resolve issues without needing to take formal action. Officers could supply a list of the properties that held these licenses.

RESOLVED that

(1) The streamlined application process as outlined in the Pavement Licensing Policy appended to the report be agreed.

(2) The pavement licence duration period as outlined in the Pavement Licensing Policy appended to the report be agreed.

(3)  A £100 fee for all pavement licence applications be agreed as outlined in the Pavement Licensing Policy appended to thereport.

(4) The continued delegation of powers to the Director of Environment and Community Services  and his officers to process the Business and Planning Act Pavement Licensing Regime be agreed.