Decision details

To consider the new legal framework for Pavement Licences under the Business and Planning Act 2020 and to designate that the Licensing Team will be responsible for these functions, To also authorise delegated powers to the Acting Corporate Director (Operations and Delivery).

That the Chief Executive, in accordance with his delegated powers and following consultation with the Chairman of the Licensing and Registration Committee:

(a)       Approves that the service responsible for the operation of the new Pavement Licence function will be the Licensing Team;

(b)       Authorises that the Acting Corporate Director (Operations and Delivery) be granted delegated powers to receive, consider and grant Pavement Licences in accordance with any Local Conditions agreed in consultation with the Chairman of the Licensing and Registration Committee;

(c)        Requests that those Local Conditions are published on the Council’s website upon being agreed;

(d)       Authorises that the Acting Corporate Director (Operations and Delivery) be granted delegated powers to determine the length of the Pavement Licences in consultation with the Chairman of the Licensing and Registration Committee;

(e)       Requests that any local guidance being considered in the determination of the length of the Pavement Licences is published on the Council’s website upon being agreed;

(f)         Approves that the application fee be set at £100 following consultation with the Portfolio Holder for Corporate Finance and Governance; and

(g)       Approves that any review and appeal is determined by the Acting Corporate Director (Operations and Delivery), in consultation with the Chairman of the Licensing and Registration Committee, the Chief Executive and the Monitoring Officer until further delegations are granted.

In order to enable Tendring District Council to comply with the new legal framework as set out in Sections 1-10 of the new Business and Planning Act 2020 which makes district councils responsible for issuing pavement licences under that Act.

None – as this is a statutory duty and responsibility that has been placed upon the Council.

None