Purpose

1.1. Under the Business and Planning Act 2020,
as amended by the Levelling Up and Regeneration Act 2023, from 31st
March 2024, the Council assumed permanent responsibility for the
placement of articles on the Highway. This includes tables, chairs,
dispense points and other temporary items, but excludes A
Boards.
1.2. At its meeting in August 2024, the Licensing Committee
considered the report of the Health, Safety and Licensing Manager
in relation to the Council's approach to Pavement Licences under
the Business and Planning Act 2020 as amended by the Levelling Up
and Regeneration Act 2023. The Licensing Committee determined as
follows:
a) Agreed that where it is appropriate to grant a Pavement Licence,
that it is ordinarily granted for a period of two
years.
b) Amended the Pavement Licence Policy as included at Appendix A to
report HCS/081 (with the exception of the figures in paragraph
3.2), subject to delegating the final decision on the fees outlined
in the policy to the Head of Community Services (in consultation
with the relevant Portfolio Holder and the Chair of the Licensing
Committee), subject to the considerations raised at the Committee
meeting on 5 August 2024, such as the size of the business and the
benefit derived from the licence to be issued.
1.3. Work was undertaken by the Council's Licensing Service
following the above decision and delegation, with a view to
determining the fees and charges levied in respect of pavement
licences under the Business and Planning Act 2020, as amended by
the Levelling Up and Regeneration Act 2023.
1.4. The application process for a Pavement Licence is enshrined
and broadly prescribed in legislation, however there are elements
within the process which the Council may determine locally, this
includes the setting of application fees, the period of time that a
licence will have effect and conditions appended to licences which
must be complied with.
1.5. The 2020 and 2023 Acts prescribe the overall statutory
framework and the processes that must be followed when applying
for, processing, or enforcing a Pavement Licence matter. A summary
of the key steps in the application process is outlined
below.
Application – An application must be made in writing and in
such form as the Council may specify (currently online). It must
include certain information such as specifying the premises and the
part of the relevant highway to which the application relates. It
must include measurements of the proposed area, the days of the
week and times when furniture is proposed to be sited, a
description of the furniture proposed to be sited and the method by
which the area will be delineated, including images of items.
Supporting Documentation – A current Public Liability
Insurance Certificate confirming that at least £5 million of
cover is in place. In addition, the Council requires that a plan
clearly delineating the extent of the proposed licensed area is
provided, and includes any proposed layout and structures be noted
on the plan.
Publishing/ Advertising – It is a requirement that the
Council publishes the application to advise interested parties. The
Council publishes applications online by way of our Public
Register, which also enables representations to be submitted
online. Representations are also received via email.
All applicants are also required to advertise their application by
way of a notice that must be prominently displayed at the premises
where it can be clearly seen and to which the application relates
for a period of 14 days
Consultation/Representations – The consultation period is 14
days. It is a statutory requirement that the Council specifically
consults with the Highways Authority and such other persons as it
considers appropriate. This Council not only consults with Highways
at West Sussex County Council, but notifies elected CBC Members,
CBC departments (Development Control, Economic Development and
Environmental Services), Sussex Police, and Business Fire Safety at
West Sussex Fire and Rescue Service.
Determination – The determination period is 14 days granted
for a maximum period of 2 years.
Once the information is submitted to the Council, the Authority has
28 days from the day after the application is made (excluding
public holidays) to consult on and determine the application. This
consists of 14 calendar days for public consultation, and then 14
calendar days to consider and determine the application after the
consultation.
Conditions - When granting a Pavement Licence, it is a requirement
that two mandatory national conditions must apply, the first is a
no-obstruction condition (this includes the requirement to have
regards to the needs of disabled persons) and the second relates to
the provision of smoke-free seating within the licensed area. Any
other conditions may be added as the Council considers
reasonable.
1.6. At a meeting on 19th August 2024, involving the Head of
Community Services, the Health, Safety and Licensing Manager, the
Chair of the Licensing Committee, the Portfolio Holder for Public
Protection, and the Leader of the Council, key issues were
discussed in relation to the determination of fees in respect of
pavement licensing.
1.7. The Head of Community Services, in consultation with the Chair
and Portfolio Holder, agreed that the following fees be adopted
with immediate effect in respect of pavement licensing under the
aforementioned Acts:
- Renewal of Pavement Licence:
Smaller premises with an outside area of up to 15 metres squared:
£262.50 (25% discount on the maximum fee permitted of
£350).
Larger premises with an outside area of over 15 metres squared:
£350.
- New Pavement Licence:
Smaller premises with an outside area of up to 15 metres squared:
£375 (25% discount on the maximum fee permitted of
£500).
Larger premises with an outside area of over 15 metres squared:
£500.
The above fees will have immediate effect.

Content

To adopt with immediate effect the following
fees:
- Renewal of Pavement Licence:
Smaller premises with an outside area of up to 15 metres squared:
£262.50 (25% discount on the maximum fee permitted of
£350).
Larger premises with an outside area of over 15 metres squared:
£350.
- New Pavement Licence:
Smaller premises with an outside area of up to 15 metres squared:
£375 (25% discount on the maximum fee permitted of
£500).
Larger premises with an outside area of over 15 metres squared:
£500.