Presentation by Public Protection Manager.

The Public Protection Manager gave a presentation on the new Business and Planning 2020 Bill as follows:

·         The Business and Planning Bill 2020 could become law on 20^th July 2020, two elements within the Bill were alcohol licensing and pavement licensing and this was the focus of the presentation

·         The Bill made provision for the promotion of economic recovery and growth

·         The Alcohol Licensing changes would see the authorisation for ‘off-sales’ applicable to all premises licences where currently only ‘on-sales’ were made, the one exception would be clubs

·         This extended provision would apply as long as no disqualifying event had occurred in relation to the licence with the last three years

·         A disqualifying event could  be one of three things; the licensing authority had refused to grant a premises licence authorising ‘off-sales’, the authority had refused to vary the premises licence so as to authorise ‘off-sales’ and the licence was varied or modified so as to exclude ‘off-sales’

·         Conditions already in place on a premises licence would have those conditions temporarily suspended

·         Any responsible authority would now be able to request a summary review of ‘off-sales’ where it was relevant to the licensing objectives.  A review would only be able to consider the permission for ‘off-sales’, and no other conditions on the licence may be revoked under this review

·         A right of appeal on decisions made under a review was allowable

·         These changes would only be temporary and would automatically expire on 30 September 2021

Over a concern raised that this amendment to allow ‘off-sales’ could encourage drinking in public places the Public Health Protection Manager explained that the Pavement Licensing provisions went some way toward alleviating this concern.  Areas that were pedestrianised were covered under the provision.  An ‘off-sales’ review could look into the situation and offer mitigating actions to be taken.  North Devon Council needed to ensure clear guidance was available to avoid any uncertainty on what was appropriate behaviour, for example the types of vessels used such as polycarbonate not glass.

In response to a question about what would happen in those towns that currently had alcohol free zones in place.  The Public Health Protection Manager replied that under Section 115E of the Highways Act 1980 you would be exempt from creating an offence, however this appeared to have been missed out of the new provisions and clarification had been sought from the Local Government Association on this omission.  Police would have to make local decisions under the new policy on whether they would take enforcement action.  It was hoped that an amendment would be made to the Bill before approved.  In essence if there was a nuisance being created as a result of consumption of alcohol then those causing the nuisance could be asked to surrender their alcohol by a Police officer.  As well as part of the application pack the licensed premises would have a poster to display to give the guidance to customers advising that alcohol could be requested to be surrendered if a nuisance was caused under any Public Protection Spaces Order in place.

The Public Health Protection Manager then gave the Committee a presentation on the Pavement Licensing provision under the new Business and Planning Bill 2020 as follows:

·         An existing provision in the Highways Act 1980 for the issue of permissions for the provision of refreshment facilities on a public highway which was administered by Devon County Council and required a 28 day consultation period

·         The new pavement licensing regime authorised the licence holder to put removable furniture on part of the public highway for one of two purposes: for the licence holder to sell or serve food or drink from their premises or for customers to consume food and drink from the licence holder’s premises

·         Open spaces, e.g. parks and verges, would not be suitable for a pavement licence as they would not be deemed highway and any footpath needed to be adjacent to the premises selling the food or drink

·         Local conditions would need to be considered by the authority with any application such as public health and safety, public amenity and accessibility

·         The Local Authority could grant all, some or part of an application with conditions imposed or refuse it

·         The applicant of a pavement licence must on the day of application display a notice of the application on the premises which must be easily visible by members of the public who are not on the premises and must remain in place for the whole of the consultation period

·         There would be a seven day consultation period beginning the day after receipt of the application. A further seven day period was allowed for decision making but if a decision were not to be made within the maximum two week period, the licence would be deemed to be granted for a period of one year

·         Discussion would be needed to determine the length of licence awarded.  Guidance suggested 12 months

·         A pavement licence removed the requirement for planning permission or a street trading licence

·         The fee was capped at a maximum of £100 although the full cost of administering a pavement licence had not been calculated it was expected to exceed this amount

·         This function was an executive function and therefore was not the responsibility of the Licensing Committee.  It was also important to the ensure the correct delegation of powers were given to Officers

·         There was a National Condition which must be attached to all pavement licences which stated access must be maintained for the disabled and others along pavements

·         Enforcement would be taken to remedy obstructions or breaches of any licences

·         There was no provision in the Bill for appeals to be heard at Committee but this was a decision that could be made

·         The application process and payment of fees was to be carried out electronically

·         The Public Protection Manager was seeking the recommendation from the Licensing and Safety Committee to request an urgent decision was made by the Chief Executive to approve the £100 fee for the issuing of a Pavement Licence and that the Constitution (Part 3, Section 5) was amended to delegate authority to the Head of Environmental Health and Housing to administer and enforce the new Pavement Licence regime

In response to a question on whether ward members would be consulted as part of the consultation process of the application.  The Public Protection Manager confirmed that the Ward member would be consulted.  A list of consultees would be made available for members to view.

In response to a question about the requirement for the provision of additional litter receptacles and the consideration of the reduction of the use of single plastics be part of the conditions of a licence.  The Public Protection Manager replied that this could be a consideration when processing each application, however, it couldn’t be a blanket condition.

In response to a question on whether the Local Authority could make an application on behalf of Premises i.e. for an area such as Butchers Row in Barnstaple.  The Public Protection Manager replied that any application would have to be looked at very carefully and with the help from the legal team. 

RESOLVED that the recommendations by the Public Protection Manager seeking an urgent decision to be made by the Chief Executive be supported in respect of the following:

(a)  Approve the setting of a fee at £100 for the issuing of a pavement licence

(b)  Amend the constitution (Part 3, Section 5) to allow for the Head of Environmental Health and Housing to have delegated powers to administer and enforce the new Pavement Licence regime, and

(c)  The Ward member be consulted as part of the consultation process.