Decision details

Amendments to the Business and Planning Act 2020 brought in by the Levelling Up and Regeneration Act 2023 now (a) render the district council, rather than the county council in a two tier area, the licensing authority for pavement licences whereas previously this was only a temporary measure during the Covid pandemic, (b) enable licences up to a default maximum of two years’ duration and (c) uprate the maximum fees allowable to £500 for first time licence and £350 for a renewal of an existing licence.
This decision brings the council's policy up-to-date so that the council and local businesses can fully benefit from the changes.

The decision to make amendments to the Pavement Licence Policy is being taken under the approval by the Executive at its meeting of 7th July 2020 that: “the making of any minor amendments to the [Pavement Licence] policy and procedure be delegated to the Head of Housing and Health acting in consultation with the Executive Member for Neighbourhoods’.
Note: the jurisdiction for licensing policy has since transferred to the Executive Member for Planning and Growth.

The decision to amend the fees is being taken by the Head of Housing and Health, in consultation with the Executive Member for Planning and Growth, under the same delegated authority in the context of the Executive at its meeting of 7th July 2020 approving that ‘fees be set at the maximum permitted level of £100 in order to, at least in part, recover the cost of issuing licences’ (emphasis added as this demonstrates the Executive’s approval to set the fee at the extant maximum which has now been uprated).

To approve amendments to the existing East Herts Council Pavement Licence Policy in line with amendments to the Business and Planning Act 2020, including amending the fees to £500 for a first time licence and £350 for a renewal of an existing licence.

Option 1 - Not amend the existing Pavement Licence Policy – NOT RECOMMENDED as the existing policy is no longer compliant with the terms of the Business and Planning Act 2020 as amended by the Levelling Up and Regeneration Act 2023 thus rendering it the council unable to benefit from the now permanent powers to act as the licensing authority for pavement licences with the consequent ability to increase the associated fees.
Option 2 - Amend the Pavement Licence Policy and associated fees as proposed - RECOMMENDED for the reasons outlined in this decision report and attached documents.