Issue - meetings

This report requests Council approval of the draft Pavement Licensing Policy.

Background:

This report set out the draft Pavement Licensing Policy and proposed fees.

The report explained that amongst other provisions, the Business and Planning Act 2020 had introduced a new ‘Pavement Licensing’ regime to support businesses selling food and drink only, in order to support economic recovery and growth as Covid lockdown restrictions were lifted but social distancing guidelines remained in place.

It was implemented as a fast-track process in light of the reopening of premises following the disruption caused by COVID-19 and was initially due to expire on 30 September 2022, but later extended until 2023 and then again until 21 September 2024.

As the Business and Planning Act 2020 had been amended to include the ability to enforce food and drink premises putting table and chairs on the highway without a licence, Medway was now in a position to implement the Pavement Licensing regime in Medway.

The report had previously been considered by the Licensing and Safety Committee on 6 August 2024, the minutes of which were set out at section 4 of the report.

The Portfolio Holder for Community Safety, Highways and Enforcement, Councillor Paterson, supported by Councillor McDonald, proposed the recommendations set out in the report.

Decisions:

a)      The Council approved the draft Pavement Licensing Policy, as set out at Appendix A to the report.

b)      The Council approved the proposed fees set out in section 8 of the report.

c)      The Council agreed the proposed review procedure set out in section 6 of the appended Draft Policy.

d)      The Council agreed for all powers and functions relating to Pavement Licensing as set out in the Business and Planning Act 2020, including any legislation amending or replacing the same, to be included within the existing delegations set out in the Constitution made to the Licensing and Safety Committee, and Assistant Director, Legal and Governance, respectively.

The purpose of this report is for the Licensing and Safety Committee to consider the draft Pavement Licensing Policy and proposed fees and make recommendations to Full Council for approval.

Discussion:

The Licensing Manager presented the report to the Committee and explained the background to pavement licensing.

In response to a question regarding site visits, Members were informed that planned site visits would be conducted when an application is made and then any subsequent site visits would be unannounced.

Decision:

a)             The Licensing and Safety Committee considered the minimum unobstructed footway width options set out in section 6 of the report and advised Officers that its preferred option for inclusion in the final policy to be presented to Full Council for approval was to retain the local condition of ‘A minimum continuous unobstructed footway width of at least 1.6 metres (not including kerbs) must be maintained at all times’.

b)             The Licensing and Safety Committee considered the draft policy attached at Appendix A, advised on any amendments, and recommended the final version inclusive of any updates to Full Council for approval.

c)             The Licensing and Safety Committee recommended the proposed fees set out in section 7 of this report to Full Council for approval.

d)             The Licensing and Safety Committee considered the review process options outlined in section 8.3 of this report and recommended that Full Council agree the proposed review procedure set out in section 6 of the appended Draft Policy.

e)             The Licensing and Safety Committee recommended that Full Council agree for all powers and functions relating to Pavement Licensing as set out in the Business and Planning Act 2020, including any legislation amending or replacing the same, to be included within the existing delegations set out in the Constitution made to the Licensing and Safety Committee, and Assistant Director, Legal and Governance, respectively.