Agenda item

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Pavement Licensing Policy.

RESOLVED that the Pavement Licensing Policy be adopted.

Cabinet considereda reference report (A.6) which enabled it to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Pavement Licensing Policy.

Cabinet was informed that a draft Policy had been considered by the Licensing and Registration Committee at its meeting held on 24 July 2024.  The Committee at that time had authorised consultation on the draft for a period of five weeks from 30 July 2024 to 3 September 2024.

In response to that consultation five members of the public, two businesses, one Town Council and one Responsible Authority (ECC Highways) had sent in responses to that consultation.

It was reported that the draft Policy sought to set out how this Council (as the licensing authority) would carry out the new pavement licensing regime which would include advice, administration, compliance and enforcement.

The Licensing and Registration Committee (“the Committee”), at its meeting held on 2 October 2024 (Minute 24 referred), had considered the matter again (including the above mentioned responses received during the consultation). The Head of Democratic Services & Elections had drawn the Committee’s attention to those responses and that several suggestions had been incorporated into the Policy, now presented.

Through the report, the Committee had been invited to determine its recommendation to Cabinet.  The Committee’s decision had been as follows:-

“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.”

The Policy referred to in the above decision of the Licensing and Registration Committee was set out as an Appendix to the reference report.

Cabinet had before it the following formal written response submitted by the Housing and Planning Portfolio Holder. Under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Housing and Planning was the designated Executive Member for overseeing licensing policy matters.

“As with all of the Policies submitted for approval at Cabinet today, I wish to congratulate the Licensing and Registration Committee for ensuring the policies of the Council in this service area are kept under review and refreshed as a consequence.  In this case, we have had temporary measures introduced as part of the post-Covid-19 build back response and those measures have now been made permanent.  With the obvious need to allow clear access routes for the public to use, this pavement licensing regime allows cafes, restaurants, and bars to secure a licence to place furniture on the highway. 

The policy now submitted sets out the Council’s approach to the administration of the licensing function and I commend it to Cabinet.” 

Having duly considered the recommendation made by the Licensing and Registration Committee, together with the formal response thereto submitted by the Housing and Planning Portfolio Holder (as the designated Executive Member for overseeing licensing policy matters):-

It was moved by Councillor M E Stephenson, seconded by Councillor Smith and:-

RESOLVED that the Pavement Licensing Policy be adopted.