To delegate authority to the Licensing Manager exercise and administer the Licensing functions provided under Part 1 of the Business and Planning Act 2020 and to seek approval for other consequential matters.

That approval be given to:

(1) The standard conditions of the Council in relation to Pavement Licences being as attached in Appendix 1 to the report;
(2) An application fee of £100 for pavement licences
(3) Authorising the Licensing Manager to;
(a) exercise and administer the functions relating to Pavement Licences under Part 1 of the Business and Planning Act 2020 (“the 2020 Act); and
(b) amend the standard conditions in accordance with such conditions as may be specified by the Secretary of State in accordance with future regulations that may be made pursuant to the 2020 Act and in order to reflect the need for further modifications in light of emerging best practice.

Most of the recommendations set out within the report are of necessity and the scope for other options is limited. There is discretion for the Council to impose different standard conditions. The standard conditions that have been adopted are considered appropriate and proportionate.

There is no statutory right of appeal in respect of any decisions that may be made on behalf of the Council in respect of pavement licences.

The Council could introduce a non-statutory right of appeal but given the speed within which the Council has had to act in order to implement these provisions, a right of appeal has not been provided for at the present time.