Report by Lead Commercial Regulation (attached)

The Committee considered a report by the Public Protection Manager (circulated previously) regarding Pavement Licensing Legislative Amendments and Variation to Fees.

The Public Protection Manager highlighted the following:

·         The provisions in part 1 of the Business and Planning Act 2020 were initiated in response to Covid-19 and designed to allow businesses to gain licences quickly.

·         These provisions were only originally intended to remain in place for a temporary period but were extended beyond the end date of 30 September 2021.

·         As a result of changes made to the Levelling Up and Regeneration Act 2023 those provisions were made permanent and those changes came into effect as of 31 March 2024.

·         Section 115E (5) of the Highways Act 1980 was amended.  Devon County Council would no longer be issuing pavement licences.

·         The amendments also made provision for both a grant and renewal process (previously no renewal process existed under the Business and Planning Act 2020).

·         The maximum cap that Councils could now charge was increased from £100 (the current North Devon Council fee) to £350 for premises already holding a pavement licence and £500 for new applications.

·         The consultation period and Council’s determination period was extended from seven to 14 days for applications received.

·         The maximum duration of Pavement licences was extended from one year to two years (for those granted under the new legislation).

·         An amendment was made in relation to the consumption of alcohol.  The change would now allow the consumption of alcohol in a pavement licenced area where restrictions in respect of public drinking were in place by way of a Public Space Protection Order.

·         The changed legislation also now gave the Licensing Authority enforcement powers whereby furniture could be removed from premises not abiding by its Pavement Licence conditions or hours.

·         If a person puts removable furniture on a relevant highway for which a licence would be required and there is a lack of compliance with the legislative provisions, the Council may now serve notice to require the person to remove the furniture before a set date, and refrain from putting furniture on the highway unless authorised.  If the person then leaves or puts removable furniture on the relevant highway in contravention of the notice, North Devon Council may (Section 7A(4b)):

Ø  Remove the furniture and store it.

Ø  Require the person to pay the Authority’s reasonable costs in removing and storing the furniture, and refuse to return the furniture until those reasonable costs are paid.

Ø  If within a period of three months beginning with the day on which the notice is given the person does not pay the reasonable costs, or does not recover the furniture, North Devon Council may dispose of the furniture by sale or in any other way it thinks fit, and retain any proceeds of sale to help recover storage costs.

·         There were currently 12 Pavement Licences issued by North Devon Council.  11 of those were granted prior to 31 March 2024 and would remain valid until 30 September 2024 (the remaining one granted 31 March 2024 expired April 2026).

·         Devon County Council under the former Section 115E Highways Act 1980 issued eight licences.

·         The current application fee was £100 per application (maximum cap).  The new changes would increase the maximum fees to £500 per grant and £350 per renewal.

·         Appendix A of the report detailed the calculations of costs to officers to administer the granting/renewal of a licence.

·         Enforcement fees would be applied on a pro rata basis based on cost of storage.

In response to a question on what constitutes street furniture, the Public Protection Manager advised that tables and chairs and patio heaters but not A-frame boards were classed as furniture.

Members were keen to promote the café culture business in Barnstaple and felt the increasing of the fees to the maximum for a new/renewal Pavement licence was prohibitive to small businesses.  It was felt that a smaller increase with incremental uplifts in subsequent years until the maximum cap was reached would promote a more positive stance.

RESOLVED

(a)  That the changes made to the Business and Planning Act 2020 by way of the Levelling Up and Regeneration Act 2023 be noted; and

(b)  That officers update current pavement licence procedures to meet legislation set out in the Levelling Up and Regeneration Act 2023 and issue licences of the maximum two-year period (web amendments have already been undertaken to reflect the amended provisions).

RECOMMENDED to Council to approve the following new/amended pavement licence application fees:

(a)  For the grant of a pavement licence to be increased to £250 rising by £100 year on year thereafter until the maximum of £500 is reached;

(b)  For the renewal of a pavement licence to be increased to £250 rising by £50 year on year thereafter until the maximum of £350 is reached; and

(c)  That enforcement fees for removing and storing furniture: reasonable charge will be made in line with cost recovery, be invoiced directly based upon furniture size, weight, and quantity.