Agenda item

Recommendation

It is recommended that members of the committee agree to Option 1:

a)     To commence a 6-week public consultation on the proposed Policy, including any amendments proposed by members.

b)     Following the expiry of the public consultation that details of the consultation responses and any amendments to the Policy following the consultation will be presented to a future Regulatory Services Committee for agreement; or

c)     In the event there are no amendments or responses from the public consultation which materially impact the Policy as consulted on, that the Head of Regulatory Services in conjunction with the Chair of the Regulatory Services Committee makes minor changes to the Policy, if required, and then for the revised Policy to be formally adopted by a future Full Council.

-        Members to offer comments on future pavement licence fees, effective April 2027.

That public access to the report be immediate.

That public access to the decision be immediate.

The Development Management Team Leader introduced the report.

Members expressed their support for the policy and emphasised their pro-business approach. They proposed the lowest possible fee and asked officers to review which application requirements were legally essential, including maps and furniture details, and relax them where possible.

Officers explained that legislation permits fees of up to £500 for new applications and £350 for renewals, while allowing local standards. Fees should generally recover costs, therefore, £50 may be too low. Officers explained that some businesses had to obtain new licences despite existing Highways Act consent, and officers had taken a light approach where it was appropriate. Officers advised that charges elsewhere in the county vary, although most are similar to Three Rivers’s. Officers also explained that high fees deter applications and undermine regulation. Officers are likely to only take enforcement action in limited cases involving accessibility concerns. Officers advised that the fees are based on cost recovery, and about £250 for a new licence seemed reasonable, with little cost difference for renewals. They reminded Members that the Policy & Resources Committee set the fee.

In response to a question about the bullet points in the document, officers said the required documents reflect government guidance and are not too onerous. Applications must show sufficient space, including room for two wheelchairs to pass, and state when tables and chairs will be used.

Members asked about a compromise on the application fee. Officers said the relevant committee would need to decide, informed by this discussion and a review prompted by a complaint, before fees take effect in April 2027. Members stressed that retailers need support and that £500 for a two-year licence is too much for small businesses with limited outdoor seating.

Members raised concerns about the licence not being transferable. It was suggested that a six-week grace period should allow a new owner to apply without losing trade, subject to enforcement of licence conditions. Officers confirmed that licences could not be transferred, but the policy could allow an eight-week application grace period unless significant accessibility issues were found. Councillor Debbie Morris proposed an amendment for the policy to include the right of appeal if an application for pavement licence is refused, which would therefore also require the necessary amendment to the Constitution. The proposal was seconded by Councillor Keith Martin. Action – Licensing and Committee officers.

On being put to the committee the voting was CARRIED by general assent.

Members noted inconsistent use of “highway” and “licensed area” in point 4 and 5 of Schedule 1. At point 13, Members argued that requiring litter bins was unnecessary because there is already a requirement for the area to be kept clean and tidy. Councillor Debbie Morris proposed an amendment in Schedule 1 of the policy, for the second sentence at point 13 to be removed, and change to the terminology at points 4 and 5. Councillor Ciaran Reed seconded the proposal. Officers agreed to use “licensable area” consistently and deleting the second sentence of point 13. Action – Lead Licensing Officer, Development Management Team Leader.

On being put to the committee the voting was CARRIED by general assent.

Members asked whether ward councillors making representations must provide residents’ names and address, noting different requirements under gambling and premises licensing. Officers initially said full details were needed to identify whether a councillor was representing their constituents or themselves. Members clarified that ward councillors should be able to make representations without providing residents’ full details. Officers clarified that pavement licence representations do not require residents’ names and addresses. Members emphasised the inconsistencies with gambling and premises licensing and said that councillors and parish councils should not have to identify every resident they speak to. They asked for the policy to state this explicitly. Officers explained that gambling, premises licence and levelling up operate under different legislation and cannot fully align. Premises licence guidance and forms require names and addresses, whereas pavement licence legislation and guidance do not. Officers acknowledged the need for clarity and consistency to prevent future issues arising.

The Chair referred to paragraph 3.37, which invites Members’ views on the process and notes that one-year licences could be offered at a lower cost as licences may last up to two years. Members proposed several reduced fees but were reminded that the Policy & Resources Committee sets the fees. Officers explained that one and two-year applications require similar initial work and cost recovery calculations cover officer time, the building, lighting and heating, with the second year costs removed from a two-year fee. Processing an application costs around £200, which is below the current fee. Members emphasised that an attractive rate that would increase applications from businesses was needed. Members further debated whether fees should be below cost recovery to reflect wider local economic benefits or remain cost-based, and recommended that the Policy & Resources Committee consider setting pavement licence fees below cost recovery for a trader’s first two years, bearing in mind the economic situation traders are facing.

Councillor Ciaran Reed proposed a recommendation to Policy & Resources Committee to consider the pavement licence application fee being lower than cost recovery, specifically for the first two years of trading, bearing in mind the economic situation traders are facing. Councillor Raj Khiroya seconded the proposal.

On being put to the committee the voting was CARRIED by general assent.

Councillor Debbie Morris proposed that points 24-27 inclusive are deleted from Schedule 1 of the policy, as licence holders are already required to keep the area clean and tidy. Councillor Ciaran Reed seconded the proposal. Action – Lead Licensing Officer, Development Management Team Leader.

On being put to the committee the voting was CARRIED by general assent.

Members noted that applicants must pay over the phone and provide proof of payment. Officers explained that Customer Services emails a receipt to the applicant because licensing officers cannot access payment records. It was acknowledged that this was an internal process that will need to be looked at. Action – Head of Communications, Customer & Culture.

Members also questioned the requirement for outdoor areas to comply with premises fire risk assessment capacity, as assessments may not cover the area before furniture and heaters are installed. Officers agreed to review this. Action – Lead Licensing Officer, Development Management Team Leader.

Councillor Keith Martin moved the recommendation as set out in the report, including the proposed amendments, seconded by Councillor Raj Khiroya:

Option 1:

a)     To commence a 6-week public consultation on the proposed Policy, including any amendments proposed by members.

b)     Following the expiry of the public consultation that details of the consultation responses and any amendments to the Policy following the consultation will be presented to a future Regulatory Services Committee for agreement; or

c)     In the event there are no amendments or responses from the public consultation which materially impact the Policy as consulted on, that the Head of Regulatory Services in conjunction with the Chair of the Regulatory Services Committee makes minor changes to the Policy, if required, and then for the revised Policy to be formally adopted by a future Full Council.

Members to offer comments on future pavement licence fees, effective April 2027.

That public access to the report be immediate.

That public access to the decision be immediate.

On being put to the committee the voting was CARRIED by general assent.

RESOLVED:

That members of the committee agree to Option 1:

a)     To commence a 6-week public consultation on the proposed Policy, including any amendments proposed by members.

b)     Following the expiry of the public consultation that details of the consultation responses and any amendments to the Policy following the consultation will be presented to a future Regulatory Services Committee for agreement; or

c)     In the event there are no amendments or responses from the public consultation which materially impact the Policy as consulted on, that the Head of Regulatory Services in conjunction with the Chair of the Regulatory Services Committee makes minor changes to the Policy, if required, and then for the revised Policy to be formally adopted by a future Full Council.

Members to offer comments on future pavement licence fees, effective April 2027.

That public access to the report be immediate.

That public access to the decision be immediate.