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PAVEMENT LICENCES

The Levelling-up and Regeneration Bill is currently being scrutinised by the House of Lords and House of Commons. Whilst not yet law, if passed as proposed, it will make the pavement licence regime in England and Wales permanent, albeit with some amendments to the current (temporary) system.

Summary of Proposed Changes:

  • Temporary regime (expiring on 30 September 2022) made permanent.
  • New fees - raised from not exceeding £100 to not exceeding £350 where a pavement licence is already in place at a premises and the applicant remains the same; and not exceeding £500 in all other cases.
  • Consultation period extended from 7 to 14 days
  • Determination period following consultation extended from 7 to 14 days (maximum 28 days) Duration: determined by Local Authority, limited to a maximum of 2 years
  • Prevents the grant of an alternative licence under the Highways Act 1980 if a pavement licence is capable of being granted
  • Includes new enforcement powers – including the power to remove and store furniture at reasonable cost, to withhold furniture if payment not made & to sell if not paid within 3 months.
  • A licence consistitues deemed planning permission for the duration of the licence.
  • Where a pavement licence currently in force was deemed granted or has no expiry date, that licence will be valid for 2 years from the commencement date of the Levelling-up and Regeneration Act 2022.
  • We assume local authorities will develop their own policies now the regime has been made permanent.
  • Operators should note that whilst the Bill preserved the pavement licence regime, it is silent in relation to the deregulation of off sales. Therefore, those who relied on that deregulation will need to apply to vary their premises licence if they wish to continue to do so after 30 September 2022

Thomas & Thomas Partners deal with Westminster on a daily basis and you should not hesitate to contact Alun should you have any queries regarding a licence or a licensing application.

Alun Thomas advises the SBA on licensing issues. You can find his profile and contact details here.

 

This is for general information only and is not intended to be, or constitute, legal or other professional advice. The content is provided as at the date the information was published and may be subject to change after that date. Legal advice should be taken before acting or relying upon any of the contents of this article.

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