Agenda item

REPORT OF THE LICENSING AND COMMUNITY SAFETY MANAGER

The purpose of this report is to adopt a licensing policy for pavement licences, following the previous temporary licensing arrangements being permanently enacted into legislation.

RESOLVED: That the Committee adopted the Pavement Licensing Policy attached as Appendix A.

REASONS FOR DECISION:

(1)   The previous temporary licensing arrangements worked well therefore no further amendments are required, other than some clarification of previous condition wording.

(2)   The adoption of a policy ensures that applicants, licence holders, and the public have a clear understanding of the licensing process and objectives; it also ensures a consistent and transparent approach.

Audio Recording – 1 hour 35 minutes 3 seconds

The Licensing and Community Safety Manager presented the report entitled ‘Pavement Licensing Policy’ and highlighted that:

·       This was a new policy and related to the consumption of food and drink on tables and chairs adjacent to a venue.

·       Previously this had been covered by Hertfordshire County Council (HCC) under the Highways Act however, since the Covid Pandemic temporary licenses had been made available.

·       The Pavement Licenses under the Highways Act cost £1000 and took 3 months to process. The yearly temporary licenses cost £100 and were processed in 10 working days.

·       The temporary licenses were extended on a yearly basis and had now become permeant legislation

·       Pavement Licenses were still available from Hertfordshire County Council.

·       The proposed Pavement License would have a flat fee and last for two years.

·       Under the new legislation the Council now had enforcement powers. Officers would be able to seize and store tables and chairs should the need arise.

·       The policy formalised a temporary condition and included enforcement powers within an open and transparent policy.

·       Pavement Licenses would be reviewed by the Licensing Team Leader, and applicants would have a right of appeal from the Licensing and Community Safety Manager.

The following Members asked questions:

·       Councillor Elizabeth Dennis

·       Councillor Ian Albert

·       Councillor Alistair Willoughby

·       Councillor Keith Hoskins

·       Councillor Tim Johnson

In response to questions the Licensing and Community Safety Manager advised that:

·       There had been a typological error and Royston Town would be added to paragraph 1.2.1.(1) of the policy.

·       The Service Director - Housing and Environmental Health and the Executive Member for Housing and Environmental Health would shortly confirm the exact fee. The fee would cover the reasonable costs for processing the application and enforcement.

·       The Pavement Licenses available from Hertfordshire County Council under the Highways Act covered shared areas whereas this policy covered area adjacent to the application venue.

·       The current temporary licenses were held for one year, on their expiry applicants would need to apply for the new two year license. Similarly, those with Pavement Licences from HCC could apply for either the new license or to extend their license.

·       Officers would contact premises prior to their expiry date to inform them of the new process.

·       Should Officers notice an unlicenced premises whilst out on general duties, initially they would politely remind the owner to apply for a license.

·       The current temporary licenses cost £100 the new license was expected to cost about £265 for a two year period.

·       There were likely to be only limited confiscations.

·       This was a set license fee for any volume of tables and chairs.

·       Any A-boards on their own outside of premises were the remit of Hertfordshire County Council, an A-Board with tables and chairs was covered under this policy.

·       A storage fee would be chargeable for confiscated items as well as for Officer hours, this was likely to vary for each case.

·       The act did not define the word adjacent however, the interpretation for the purpose of the policy was, immediately outside the property or across a road from the property where it was deemed reasonable distance to deliver food.

·       There should be a reasonable distance between designated smoking tables and non-smoking areas, and these would be marked on an application plan and stated in the license.

Councillor Keith Hoskins proposed and Councillor Tim Johnson seconded and, following a vote, it was:

RESOLVED: That the Committee adopted the Pavement Licensing Policy attached as Appendix A.

REASONS FOR DECISION:

(1)   The previous temporary licensing arrangements worked well therefore no further amendments are required, other than some clarification of previous condition wording.

(2)   The adoption of a policy ensures that applicants, licence holders, and the public have a clear understanding of the licensing process and objectives; it also ensures a consistent and transparent approach.