Agenda item

This report is submitted to the Committee to enable it to consider the Pavement Licensing Policy following a 5-week period of consultation on a draft revised policy. This report sets out the proposed revised policy to be adopted and the outcome of the consultation.

Further to Minute 11 (24.7.24), the Committee considered the Pavement Licensing Policy following a 5-week period of public consultation on a draft revised policy.  The report (A.4) set out both the proposed revised policy to be adopted and the outcome of the consultation which had been conducted from 30 July 2024 to 3 September 2024.

Members recognised that the Policy was required following the passing of the Levelling Up and Regeneration Act 2023 which had come into force on Sunday 31 March 2024. The draft revised Policy, as set out at Appendix A to the report (A.4) was intended to support the following themes from the Council’s Corporate Plan 2024-28: 

•    Pride in our area and services to residents

•    Working with Partners to improve quality of life

•    Promoting our Heritage offer, attracting visitors and encouraging them to stay longer

It was reported that, in addition to a page created for the consultation on the Council’s website and a public notice displayed outside of the front of the Town Hall and the Council’s Offices at Pier Avenue, Clacton on Sea, the below had been written to inviting them to comment on the draft policy:-

·      All Tendring District Councillors

·      All Parish Councils

·      Responsible Authorities under the Licensing Act 2003 (including Essex Police)

·      Institute of Licensing

·      A number of licensing solicitors

·      A range of licence holders of local premises licence (including pubs, off-licences, night time economy, street traders, gambling premises and taxis)

In addition to the consultation letters the Licensing Team had also visited a number of licence holders within the District handing out consultation postcards to bring the consultation to the attention of the trader and to invite them to voice their opinions. As a result, 5 members of the public, 2 businesses, 1 Town Council and 1 Responsible Authority (ECC Highways) had sent in responses to the consultation. Their comments were set out in Appendix B to the report (A.4). The Head of Democratic Services & Elections drew the Committee’s attention to those comments and that several suggestions had been incorporated into the Policy, now presented.

The Committee was notified that, in preparing the report (A.4), due consideration had been given to the Council’s statutory Equality Duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, as set out in Section 149(1) of the Equality Act 2010.

The Licensing Authority also had had due regard to the public sector equality duty under the Equality Act 2010.  Under this duty, the Authority (in the exercise of its functions) must have due regard to the need to:-

·      eliminate any form of unlawful discrimination (including direct or indirect discrimination, harassment, victimisation, and any other conduct prohibited under the Act);

·      advance equality of opportunity between people who share a relevant characteristic and people who do not;

·      foster good relations between people who share a protected characteristic and people who do not.

Having acknowledged the new legislation that had come into force on 31 March 2024 that had made changes to the previously temporary pavement licensing regime introduced under the Business & Planning Act 2020 and the related changes including a new capped level fee structure for new and renewal applications:-

It was moved by Councillor Wiggins, seconded by Councillor A Cossens and:-

RESOLVED that –

(a)    the Committee recommends the Pavement Licensing Policy, as attached as Appendix A to the report (A.4), to Cabinet for its formal adoption; and

(b)    once the Policy is formally adopted, the Assistant Director (Governance) (or other authorised Officer) be authorised to make minor amendments to the Policy to ensure that it reflects the operational positions of the Council and legislative / case law relevant to the Policy.