Issue - meetings

The temporary provisions of the Business and Planning Act 2020, which allowed the licence holder to place removable furniture over certain highways adjacent to the premises, has been made permanent by the Levelling Up and Regeneration Act 2023. The 2023 Act also introduced a standard fee cap for both new and renewals of licences as well as increased consultation and determination periods, lengthens the maximum duration of licences and provides local authorities with new powers to remove unlicenced furniture. As a result of these changes, it is necessary for the Council to review the application fee and policy in relation to pavement licences.

Following consideration, the Committee resolved (4 for, 2 against, and the Chair not voting) to:

(1)          Set the fee for pavement licences as follows; -

New applications £500

Renewal of licence £350

Unanimously resolved to:

(2)          Dispense with the Epsom & Ewell Pavement Licence Policy.

The Committee received a report asking the Committee to review the application fee and policy in relation to pavement licences, following changes made to legislation.

The Committee considered the following matters:

a)            Legislation and Charges. In response to questions from a Member, the Principal Licensing Officer explained that the Government introduced the Business and Planning Act 2020 as a temporary measure to support businesses through the Covid pandemic. The Levelling Up and Regeneration Act 2023 had now permanently set in place the pavement trading provisions of the 2020 Business and Planning Act. He explained that processing applications is costly, involving Officer site visits, general administration, processing objections and communication with the businesses in question. He explained that the amount the Council can charge for pavement licences is capped by the legislation and that the report recommendation advised the highest amount be charged in order to cover the Council’s costs to the greatest extent possible, elaborating that the highest amount the Council could charge under the legislation would not fully cover the Council’s costs.

b)            Referral of applicants to relevant guidance. The Committee considered that it would be good practice for Licensing Officers to direct and refer applicants to the relevant Government guidance, rather than producing and adopting an Epsom & Ewell Pavement Licence Policy, as part of the application process. It was noted by the Principal Licensing Officer that the Government website gave full information.

c)            Trading on private land. Responding to a question from a Member, the Principal Licensing Officer explained that retailers only required a pavement licence if they intend to place furniture on the highway, and that trading on private land would instead require a lease agreement with the landowner.

d)            Charge for licence renewals. In response to a Member, the Principal Licensing Officer stated that a charge of £350 for licence renewals was justified due to the costs incurred by the Council in processing the renewal applications. He explained that the amount the Council can charge for renewals is capped at £350 by the legislation and that neither the capped £500 for new applications nor the £350 for renewals would fully cover the cost to the Council.

Following consideration, the Committee resolved (4 for, 2 against, and the Chair not voting) to:

(1)          Set the fee for pavement licences as follows; -

New applications £500

Renewal of licence £350

Unanimously resolved to:

(2)          Dispense with the Epsom & Ewell Pavement Licence Policy.