Purpose

On Tuesday 2nd April
2024, all local authority Chief Executives in England received a
letter from the Department for Levelling Up, Housing and
Communities.
 
The letter informed authorities
that on 31st March 2024 the pavement licensing
provisions laid out in the Levelling Up and Regeneration Act 2023
had commenced. This is a permanent replacement for both the
temporary provisions introduced by the Business and Planning Act
2020 and the former provisions under the Highways Act
1980.
 
 
For the service to issue
licenses under the Business and Planning Act 2020 as amended by the
Levelling Up and Regeneration Act 2023, there is a need for the
Council to set local conditions, in addition to two national
conditions set out in statute.
 
The decision regarding local
conditions would usually be made by Members of Licensing and Safety
Committee. However, due to the timing of the Government introducing
the new legislation and its proximity to local elections, the next
scheduled Committee meeting will not be until July 2024.
 
As the service has existing
licences that are expiring and new applications pending, the
decision on local conditions cannot be delayed until the July
Committee date.
 
As such, a delegated decision
is required to enable applications under the act to be processed
and issued in line with statutory timescales including the
attachment of conditions to those licences. 

Content

Proposed conditions as
presented to the Strategic Director be adopted.