Agenda and minutes

Apologies of Absence were received from cllrs Salter and Leung.

There were no declarations of interest.

The minutes of the previous meeting were approved and signed as a true and correct record.

Consideration was given to a report on Pavement Licences. Members were also provided with a copy of an email from the Leader of the Council, addressed to the Committee which requested consideration be given to the policy in relation to pavement licensing, in particular the strict interpretation of the 1,500mm rule and the manner in which any enforcement should take place.

The report advised that the previous government had simplified the pavement licensing regime through the Business and Planning Act 2020. The Act introduced temporary arrangements requiring a single license which became permanent on 1 April 2024 with some minor amendments that included the ability for District Councils to recover their costs by charging up to £500 for new applications and £350 for renewals.

The report noted that Government guidance stated that a minimum width of 2,000 mm of pavement should be left unobstructed. It also stated that where this width was not feasible the width could be reduced to 1,500mm. Given the difficulty in incorporating two minimum widths in a set of standards, the nature of the roads in the city centre and concerns expressed about the impact requiring 2,000 mm on local business the minimum distance was reduced to 1,500 mm in April 2024.

 It was reported that a supportive approach had been taken to implementation which included delaying enforcement to 1 October 2024, removing the fee for two years, not requiring barriers around licensed areas or specifying the type of furniture, working with businesses to maximise the space available and introducing a fast and simple application process.

By 9 January 2025, 19 pavement licences had been granted and a further three business were being supported to make valid applications.

It was reported that the most contentious element of the guidance had proven to be the minimum width and the status/interpretation of the 1,500 mm minimum distance.

The report detailed the definition of a Highway, the associated legal considerations, key elements of the pavement licensing approach, the views of businesses and legal advice that had been received by the Council.

It was emphasised that the District Council wanted to support local businesses and allow them to place furniture on pavements thereby providing a service to local people, generating revenue and creating the kind of pavement café atmosphere that was desired in the District.

The approach to pavement licensing sought to achieve a balance between the needs of businesses and pedestrians who had a legal right to use the pavements, including specific groups such as wheelchair users and people with impaired sight and hearing.

Members were advised that pavement licences were the only mechanism that allowed businesses to lawfully place furniture on pavements and it was important that this was done in a way that kept people safe.  Furthermore, the Council had duties under the Equality Act 2010 in the Highways Act 1980. Details of the legal advice that had been received was provided to Members.

Officers noted that a claimant had brought a judicial review against City of  ...  view the full minutes text for item 12.

RESOLVED: “That as publicity would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted, the public and press be excluded from the meeting for the following items of business, which would involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972”

IN PRIVATE

Members did not go into a confidential session.

Officers presented to members what to expect at the next R&L committee in February. Members asked if it was possible for officers to look at empty houses enforcement policy in a future meeting.