Agenda item

The Principal Licensing Officer, Worcestershire Regulatory Services (WRS), presented the report to Members. The purpose of the report was for Members to consider the consultation responses and to resolve whether to approve and adopt the policy on pavement licencing.

Officers detailed that on 15^th July 2024, the Licencing Committee approved the draft policy on pavement licencing, for the purpose of going out to consultation.

Three responses to the consultation were received, two from Members of the public and one from a business owner. The points/suggestions were addressed individually by Officers.

It was suggested that, for ease of enforcement, all renewal applications should submit images of the furniture which was only currently required by new applicants. Officers detailed that the decision was taken to reduce the administrative burden on Officers and the cost to applicants, however, if there were any substantial changes to furniture, images must be submitted. It was further commented that the public should be consulted on each application, however, officers clarified that the application process detailed that premises already needed to put up notices of the intent which served as public notices.

It was suggested that Officers could pre-approving areas to streamline the process of applications within those areas. However, Officers commented that WRS did not have the capability to zone areas as was suggested, so it was not something they could take forward.

Finally, it was suggested to allow storage for equipment overnight, however, Officers stated that it was their view that all furniture should be removable and taken off the public footpath and could therefore, not cause an accident or be used for crime.

In consideration of the responses, Officers expressed the opinion that none warranted any changes to the DRAFT policy. Therefore, the policy was presented to Members without amendment with the exception of the change of the Council’s logo on the first page to the updated design.

After questions to Officers, the following was clarified.

• The policy needed to be refreshed in each of the 6 districts which WRS covered, and all the drafts were all based on the same template; However, each District was free to make amendments as necessary, so the policies were similar but not identical.
• That there was no right to appeal a rejected application, the only route would be a judicial review. Therefore, whenever Officers refuse an application, they supplied clear and justifiable reasons with their decision.
• Officers have mapping tools to identify what classified as a highway; however, they would often contact the Worcestershire County Councils (WCC), Highways Team for clarification around applications and if it warranted a pavement licence. In the situation that it is deemed to be within the premises curtilage and not on the highways the application fee would be refunded in full.

It was also clarified that the current cost for an application was £100 for both a new application or renewal and was for a 6-month licence. The new policy increased the duration of the licence to 2 years, however, as the fee was on a per application basis the cost remained the same. Officers had no powers to change this as the fee was determined by Members during the annual fee setting budget meeting. The maximum charge that could be permitted under legislation was £500 for a new application and £350 for a renewal

Members expressed some disappointment that there were so few responses to the consultation. Officers shared the Members opinion; however, Members were assured that a number of methods were employed which included, notices, emails, letters and social media. It was further noted that for policy consultations such as these it was not unusual to have very few responses, more were usually received when it directly impacted a licence such as things related to Taxi licences.

Members were broadly in support of the Policy on Pavement Licencing and on being put to a vote it was

RESOLVED that

the draft Policy on Pavement Licensing shown on pages 21 to 44 of the Public Reports pack was approved and would take immediate effect.