Agenda item

The Committee received a report that informed Members of the change in responsibility for the processing and issuing of Pavement Licences which had moved from the Town Centre team to the Licensing team. 

The report set out details of an urgent S036 decision taken on 12th April, 2021 by the Director of Economy and Environment, in consultation with the Chair of the Licensing Committee and Cabinet Member for Communities, Voluntary Sector and the Environment, to align the delegations, conditions and processes of Temporary Pavement Licence Applications and applications made under the Highways Act 1980, including the setting of the fee structure.  In addition, the report informed Members of a decision taken by the Director of Economy and Environment on 15 March, 2021, aligning the fee structure for Temporary Pavement Licence Applications in accordance with the proposals set out in the Business and Planning Act 2020, and applications made under the Highways Act 1980, to £100 per year, as appended to the report at Appendix B.

The Business and Planning Act 2020 introduced a fast-track application process to allow businesses to obtain permission to place tables and chairs on the highway for use by their customers. The responsibility for processing applications of this type was taken on by the Licensing team.  To ensure a consistent approach in considering applications for a Pavement Licence, it was determined that both schemes should be operated by a single team and that the Licensing department were best placed to do this as the majority of applications were expected to be from those businesses which were licensed by the department, to sell alcohol.

Discussion followed, during which Councillor Ian Pearson expressed concerns regarding furniture placed on the highway which created obstacles for Guide Dogs, people who were visually impaired or had limited mobility. He highlighted that objections had been raised both on a national and international level with regard to Pavement Licences legislation in terms of ridged indicators not being in place so that Guide Dogs could operate safely on pavements, rather than being forced out in to the highway because of badly laid out pavement furniture.  He added that the report did not make reference to the fact that the Street Furniture Policy was currently under review because of Guide Dogs not having solid boundaries to navigate around.

Councillor Pearson asked what provision the Council had put in place to take in to account the needs of Guide Dogs visiting the Town.  In response, David Smith, Licensing Officer drew Members’ attention to the Alfresco Pavement Licencing conditions that had been drawn up in accordance with the provisions of the Highways Act 1980.  The Licensing Officer cited ‘Condition 6’ relating to Barrier height and incorporation of a tapping rail of 150mm and ‘Condition 21’, which was a national condition and related to access along the highway and clear route of inhibited access along the public highway which had to be maintained at all times, and a clear width of 2000mm, which allowed for two wheelchairs to pass one another comfortably.

Councillor Pearson pointed out that the two metre rule in relation to wheelchairs was out of date as new legislation would be introduced to factor in wheelchairs carrying oxygen cylinders, therefore, the two metre gap was too small.  In relation to clear routes of access across the highway, he asked that Officers have regard to how Guide Dogs operate when navigating obstacles.  He spoke of some of the modifications that could be made to assist Guide Dogs, the visually impaired and people with limited mobility in navigating the pavement environment, such as raising the height of tap rails and lowering the height of bollards. Councillor Pearson also pointed out that there were numerous companies that produced tactile rubber and plastic matting that were used at various crossing points’ to assist people who were visually impaired and people with limited mobility.  

The Chair emphasised that the issues raised were not within the remit of the Licensing Committee. However, in noting the decision taken in relation to Temporary Pavement Licences and in light of the comments raised by Councillor Pearson regarding the logistics for Guide Dogs, visually impaired people and people with limited mobility in accessing pavement environment and the possibility of introducing tactile ground surface matting, the Chair stated that the issues raised by Councillor Pearson would be discussed with the Highways department.

The Licensing Officer responded to Member questions and it was noted that:-

·         Pavement Licenses could only be issued to an area that covered the public highway, or land that has been delegated to the highway

·         In relation to private frontages, owners of the property/businesses could put items of furniture and other items on the highway without the Council’s permission.

·         Businesses would need to obtain permission from the Council to place items of furniture on the highway where it was maintained by the Council where the public have access.

·         An applicant applying for a Pavement Licence have to specify the dates and times the Licence would be required to operate, which would be subject to a 28 day consultation period with the Highways Authority.

·         Each Pavement Licence application would be assessed on its own merits having regard to the Pavement Licence Policy.

·         Businesses were only permitted to use the outside area for consumption of alcohol, where the business was licenced to sell alcohol and alcohol could not be sold beyond the permitted hours

RESOLVED to

(1)      note the approval to align the delegations, conditions and processes of the Temporary Pavement Licence Applications under the Business and Planning Act 2020 Process and the Alfresco Licence Applications under the Highways Act 1980, including the setting of the fee structure, taken by the Director of Economy and Environment, in consultation with the Chair of the Licensing Committee and the Cabinet Member for Communities, Voluntary Sector and the Environment on 12th April, 2021;

(2)      note that the fee for Temporary Pavement Licence Applications under the Business and Planning Act 2020 and applications made under the Highways Act 1980has been set at £100; and

(3)      note that the determination and granting of Temporary Pavementlicences has been delegated to the Assistant Director of Environment and Head of Service for Regulation and Enforcement.