Agenda and minutes

To note any changes to the membership.

1.1      There were no changes to the membership.

To receive declarations by members and officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

2.1          There were no declarations of interest.

Report of Andrew Ralph, Head of Licensing and Regulatory Services.

3.1      Andrew Ralph (Head of Licensing and Regulatory Service) introduced the report and explained that the Business and Planning Act came into force on 22 July 2020 for a temporary period and was designed to allow a quicker and    cheaper process for businesses to gain permission to use pavement areas outside their premises. The Act enabled operators to seat customers safely outside and continue to trade during the period of the coronavirus pandemic whilst enabling customers to adopt social distancing measures by using outside spaces.

3.2      The Sub-Committee noted that the Act was now expected to be extended until September 2022 and the Sub-Committee was being asked to delegate all functions, powers and duties under the Act in relation to the pavement licence regime (including in relation to revocations) to the Director of Public Protection and Licensing.

3.3      In response to questions from the Sub-Committee Andrew Ralph highlighted the significant number of pavement licences applied for in Westminster throughout the pandemic period with currently 735 licences in operation in the City. Two licences had been revoked using Chief Officer powers since the implementation of the Act due to breach of conditions. However, as it was anticipated the Act would be extended it was sought to delegate all functions, powers and duties (including revocation) to the Director of Public Protection and Licensing in order to simplify the process.

3.4      The Sub-Committee thanked the officers involved for all their efforts in supporting local premises during very challenging times and assisting in ensuring they could continue to operate during the various Covid-19 restrictions.

           RESOLVED:

1)              That all the functions, powers and duties contained in the Business and Planning Act 2020 in respect of pavement licences are delegated to the Director of Public Protection and Licensing, including enforcement action and determining revocations.

2)       That the power to determine a suitable revocation process and to make amendments to that process, as he considered appropriate, was delegated to the Director of Public Protection and Licensing.

3)        That the Committee noted that a maximum fee of £100 had been determined to be payable for each application for a Pavement Licence under the Business and Panning Act 2020.

4)        That the Committee noted that the standard local conditions attached in Appendix A of the report, had been agreed and were attached to all applications granted or deemed granted for Pavement Licences made under the Business and Planning Act 2020 and that any subsequent amendments to the standards conditions may be made by the Director of Public Protection and Licensing in consultation with the Chair of the Licensing Committee.

5)        That the Committee noted that officers of the Licensing Authority had been authorised to determine Pavement Licences applications and issue relevant licences under the Business & Planning Act 2020.