Agenda and draft minutes

Licensing Committee
Thursday 30th July 2020 2.00 pm

Venue: Remote

Contact: David Acton  Email:  dacton@solihull.gov.uk

Items
No. Item

5.

Apologies

Minutes:

Apologies were received from Councillors Buxton-Sait, Groom and Hamilton.

6.

Declarations of Interest

To receive declarations of interest from Members.

Minutes:

There were no Member declarations of disclosable pecuniary interest nor conflicts of interest.

7.

Questions and Deputations

To answer questions, if any, asked by any resident of the Borough pursuant to Standing Orders.

Minutes:

No questions or deputations received.

8.

Pavement Licensing - Business and Planning Act 2020 pdf icon PDF 174 KB

To consider the impact of a temporary Pavement Licensing regime under the Business & Planning Act 2020.

 

Additional documents:

Minutes:

In consultation with the Chairman, the Licensing Committee were asked to urgently consider the item and depart from the usual five clear days’ notice due to the need to approve the Pavement Licensing Policy and authorise Officers to immediately administer and enforce the provisions under the Business and Planning Act 2020, which became effective on 22 July 2020. This included a provision of deemed consent should applications not be dealt with within 14 days. There were no existing provisions within the constitution to enable the Council to receive and determine such applications.

The Committee were advised that the Business and Planning Act had introduced a temporary pavement licensing regime designed to support businesses to operate safely while social distancing measures remained in place as they re-open following the COVID-19 pandemic. A licence holder would be permitted to place removable furniture over the public highway adjacent to the premises in relation to which the application was made, benefit from deemed planning permission and, if the premises is licensed under the Licensing Act 2003 for on-sales of alcohol, it also benefits from deemed off-sales under the same terms conferred by the premises licence.

The new process would make it easier and quicker for businesses to obtain a licence with applications having to be determined within 14 days (including 7 days consultation period and a further 7 days (excluding public holidays) to grant the licence) compared to a minimum 28 days for the current licensing scheme under Part 7A of the Highways Act 1980. However, applicants could still choose to apply under the existing Highways Act route, particularly should they want furniture to be permanent or non-removable.

A fee, up to a maximum of £100, could be charged for an application to avoid the regime being heavily subsidised by the Council.

Applications granted under the new regime, or deemed granted, would be for a period of 12 months or until 30 September 2021 whichever the shorter..

RESOLVED

The Licensing Committee considered the impact of a temporary Pavement Licensing regime under the Business and Planning Act 2020 and:-

1.  Noted the Government’s introduction of legislation and guidance for supporting local businesses in relation to the granting of temporary Pavement Licences to enable businesses selling food or drink to better utilise outside space for seating/serving areas to help them operate safely while social distancing measures remain in place;

2.  Approved the policy in respect of Pavement Licensing and delegates to the Assistant Director Communities and Partnerships for any further amendments or additions;

3.  Approved a fee of £100 to be charged for applications under the regime; and

4.  Delegates responsibility for granting licences, attaching conditions, serving notices and revoking licences to the Assistant Director Communities and Partnerships.