The Licensing and Regulatory Committee of Calderdale Council are scheduled to meet on Monday, 13th October 2025, to discuss the role of working parties within the licensing regulatory framework, pavement cafe licensing, and a licensing fees update. The meeting will also include a review of the minutes from the meeting held on 9th June 2025.

Pavement Cafe Licensing

The committee will be considering a report on pavement cafe licensing, following changes introduced by the Levelling Up and Regeneration Act 2023. The act made permanent the streamlined pavement café licensing process previously introduced temporarily during the Covid-19 pandemic by the Business and Planning Act 2020.

The report recommends that members approve revised pavement café guidance, conditions, design guidance and fees, as detailed in Appendix 1 of the report. According to the report, the revised guidance will set out the council's approach to pavement cafes for applicants, licensees, and the public, aiming to ensure transparency and consistency in decision making.

The report notes that historically, permission to place objects on the highway was granted under the Highways Act 1980. Under this act, application fees for a pavement café licence were between £246 and £370, with a minimum 28-day consultation period and licences lasting one year. The Business and Planning Act 2020 streamlined this process, capping the application fee at £100 for an annual licence and reducing the consultation period to 14 days. The Levelling Up and Regeneration Act 2023 has now increased the maximum fee to £500 for first-time applications and £350 for renewals, with a two-year licence duration and an overall consultation period of 28 days.

The proposed new pavement café guidance takes into account the government's pavement café guidance, including national conditions around accessibility and smoke-free seating, and sets fees at £500 for new applications and £350 for renewal applications. The default term of a licence will be two years. Additional local conditions have been added to ensure that business owners have appropriate security risk assessments and counter terrorism awareness training in place for staff, in line with best practice around the proposed Martyn's Law ¹. Advice and guidance on this element will be provided by West Yorkshire Police Counter Terrorism Security Advisors.

The Calderdale Council Pavement Café Licence Guidance states that applications must be submitted via the Calderdale Council Licensing webpages or by email to licensing@calderdale.gov.uk, and must include:

• Completed application form
• A plan showing the location of the street furniture outside the premises
• Photographs or brochures of the proposed furniture
• A photograph showing the statutory public notice displayed on site
• Evidence demonstrating compliance with both local and national licence conditions
• Copy of current Public Liability Insurance (£5,000,000 minimum)
• Fee: £500 for new applications / £350 for renewals

The Calderdale Council Pavement Café Licence Conditions include general conditions, accessibility and layout, smoking and non-smoking areas, and operational and safety requirements. Specifically, the conditions state that licence holders must complete a Site Security Plan, which must be available for inspection at any time by Calderdale Council officers, West Yorkshire Police, or Counter Terrorism Officers, and that all management and staff employed must complete the online ACT Awareness Training.

The Calderdale Council Pavement Café Design Guide states that a clear pedestrian route must be maintained adjacent to the kerb line to assist all users, particularly visually impaired people, with a minimum clear width of normally 2.0 metres. It also notes that white plastic furniture is not acceptable.

Role of Working Parties

The committee will be presented with a report regarding the role of working parties within the licensing regulatory framework. The purpose of the report is to seek members' views and a decision on the structure and regularity of a constituted body for considering licensing policy matters, including Statements of Licensing Policy, Gambling Policy, taxi and private hire licensing framework, and fees and charges.

The report notes that at the Licensing and Regulatory Committee on 14th May 2025, members resolved that the Senior Partnership Enforcement Officer include on a future agenda a discussion on individual Sub Committees for different licensing categories .

The report outlines four options for the committee to consider:

• Option A – Maintain Status Quo (Sub Committee for Hearings / ad hoc Working Party): This involves establishing a working party at the first meeting each Municipal Year to be called upon as required, alongside the existing three-member Licensing Sub Committee for hearings.
• Option B – Establish a Single Policy Sub-Committee: This option adds an additional Policy Sub-Committee to discuss all policy matters.
• Option C – Establish Multiple Policy Sub-Committees (e.g. Taxi, Licensing Act, Gambling Act): This option involves creating multiple Policy Sub-Committees for different legal areas of policy.
• Option D – Establish a Standing Licensing Policy Working Group: This option formally constitutes a Policy Working Party that is regularly scheduled to consider licensing policy matters.

The report states that policy recommendations to Full Council, such as changes to Statements of Licensing Policy or determination of fees, are reserved to the full committee under the Constitution and cannot be delegated to a three-member Sub-Committee.

Licensing Fees Update

The Senior Partnership Enforcement Officer is scheduled to provide an oral report to update the committee on licensing fees.