Issue - decisions
Consideration and determination of Pavement Licenses under the Business and Planning Act 2020 and delegation of this function to the Environmental Health Team Manager.
27/07/2020 - Consideration and determination of Pavement Licenses under the Business and Planning Act 2020 and delegation of this function to the Environmental Health Team Manager.
Part 1 of the Business and Planning Act 2020
(the “Act”) came into force on 22 July 2020. Part 1 of
the Act creates Pavement Licences, which if granted, allow premises
to place removable furniture on the highway adjacent to the
premises for the purpose of selling or serving food or drink or for
customers to use to consume food or drink from the premises.
Applications for Pavement Licences are made to the District
Council.
Consideration and determination of Pavement Licences is a Council
function as sections 1 to 7 of the Act are listed in paragraph B of
Schedule 1 to the Local Authorities (Functions and
Responsibilities) (England) Regulations 2000 (functions which are
not to be the responsibility of an authority's executive).
Sections 1 to 7 of the Act provide for:
• Determination of applications;
• Setting the application fee;
• Publishing standard conditions;
• Attaching specific conditions to licences;
• Determining the duration of licences; and
• Enforcement and Revocation of licences.
Applications for Pavement Licences must be determined within 14
days (7 day Public Consultation Period followed by a 7 day
Determination Period). If not, applications are deemed to be
granted.
It is recommended that the Chief Executive, until a report can be
taken to Full Council on 8 September 2020, approves the reason, set
out below, for consideration and determination of Pavement Licences
to be carried out by the Environmental Health Team Manager to
enable applications for Pavement Licences to be determined within
the statutory time period.