Issue - meetings

The Committee received a report from the Environmental Health Manager.

The Business and Planning Act 2020 was introduced in July 2020, and included different measures that were intended to support businesses and the economy to recover from the disruption caused by the Covid-19 pandemic.

Part 1 of the Act introduces the process of Pavement licences. This process is a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway, in addition the Guidance allows licences to be granted where the consumption of food and drink would be an ancillary activity eg (supermarkets and places of entertainment). The aim of this is to support business to operate safely while social distancing measures remain in place, without having such a large impact on their serving capacity.

When introduced it was hoped that the new process would provide much needed income over the summer months up until September 2021 and protect as many hospitality jobs as possible.

Prior to July 2020, Highway furniture permissions were granted as Table and Chair licences, issued by Cambridgeshire County Council, as the Highways Authority, under Part 7A of the Highways Act 1980.

Under the Part 7A of the Highways Act 1980, each valid application would go through a 28-day consultation period.

However, with the Pavement License process, from receipt of

application to decision to grant or refuse licence, takes no more than 14 days. This includes a 7 day consultation period starting the day after application is received, and 7 day decision period after the consultation period finishes.

It is key that a decision is made within the 7 day decision making period. If a delay occurs in which an applicant is not informed of the decision by the end of the 7th day, a Deemed licence would be granted. A disadvantage of this is Cambridge as a Licensing Authority would have no powers to add additional conditions, if required.

The Committee made the following comments in response to the report:

      i.         Referred to concerns about blocked pavements.

    ii.         An administration fee could be considered if this became a permanent power.

In response to Members’ questions the Environmental Health Manager said the following:

      i.         Ward Councillors would be consulted on issues in early July.

    ii.         Officers had 14 days to consider applications. They would help businesses to get up and running.

   iii.         Officers would look at fees being charged if this became a permanent power. Fees would not be implemented for a temporary measure.

  iv.         Consultation would occur before a pavement licence were issued to ensure the pavement was clear for 1m from the business to the edge of the kerb. This would be monitored.

The Committee:

Resolved (unanimously) to approve:

      i.         Zero fee (£) for all new, renewal and variation Pavement License applications.

    ii.         All new licences granted will expire on 30 September 2021. However, if Parliament agree a 12 month extension, licences will automatically be extended to 30 September 2022.

   iii.         Current licences due to expire 31 March 2021, will automatically be extended up until 30 September 2021 (current licence holders, do not need to reapply). However, if Parliament agree a 12 month extension, licences will automatically be extended to 30 September 2022.

  iv.         Although all licences will be granted under the recommendations detailed in points B and C, it may be required that during the decision making period, a shorter period licence may be is justified by the decision making officer.