Local cafés, bars, pubs and restaurants should be allowed to
continue hosting patrons outside on pavements with the
introduction of a permanent but locally led pavement licensing
regime, councils say ahead of the Queen’s Speech.
The Local Government Association, which represents 350 councils
in England and Wales, continues to discuss with government its
plans to create a permanent outdoor seating regime.
It comes after government introduced a temporary pavement
licensing regime through the Business and Planning Act 2020 in
response to COVID-19, which supported national safety measures
while reinvigorating the high street.
The temporary regime was based on a fast-track application
process and reduced fee level to support hospitality businesses
hit hard by the pandemic.
The LGA said councils support the move to create a permanent
pavement licensing regime, but that key changes are needed to
reflect that we are no longer in a national emergency.
New legislation, potentially brought forward in next week's
Queen's Speech, should provide councils with better enforcement
powers to take actions where businesses are flouting the rules,
for example by blocking pavements, and ensure councils are able
to set fees at levels that cover administrative costs.
Crucially, there should also be a longer application and
determination period, in line with other licensing regimes, to
give residents and other stakeholders more time to give their
views, for example where there are concerns about noise.
Extending the consultation time will ensure councils have the
time to make appropriate decisions for their communities that
considers the needs of different businesses and residents.
Locally set fees would ensure councils are able to fully recover
their costs and avoid taxpayers’ money being diverted from
other services to pay for processing applications.
Cllr Nesil Caliskan, Chair of the LGA’s Safer Stronger
Communities Board, said:
“Councils supported the temporary scheme, and worked hard to help
hospitality businesses reopen, including relaxing requirements
and making changes to roads and pavements to enable pubs, cafes
and bars to operate outside safely with more outdoor seating.
“Managing the impact of a permanent regime on nearby residents is
a priority for councils, but we are no longer in a national
emergency, and we need to make sure the long-term approach to
pavement licensing better balances the needs of local businesses
and residents.
Councils are urging government to ensure residents have time to
feed into decisions that affect them and provide adequate
enforcement powers to address concerns or risks linked to
licences.
“A permanent locally-led regime with these additional tools for
councils would enable them to continue supporting local
businesses and provide a welcoming, vibrant local hospitality
offer for residents and visitors.”
Notes to Editors –
- Residents and councils need adequate time to respond to and
evaluate applications, and the 14 days allocated in the Business
and Planning Act 2020 does not allow for this because by law,
councils have to reach a decision within 14 days, it makes it
more likely that they will reject an application outright as they
do not have the time to engage with businesses to address any
concerns and make amendments to the original proposal. Councils
also need a realistic but fair amount of time to engage with
other bodies, such as the highway authority and the police, to
ensure that all licences that are issued are safe and process
applications in a timely manner.
- Under the temporary regime, the fee for issuing licenses was
capped at £100 however, costs for licensing authorities
typically amount to at least double or more. Resulting in
significant cost shortfalls.
