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NEXSTART advice note on Business & Planning Bill Published Date: 09/07/2020

The advice note, written by Charles Holland, Sarah Clover and Leo Charalambide, considers:

  • When will the Bill become law?
  • The existing regulatory regimes
  • Purpose of the new licence
  • Who operates the pavement licensing regime?
  • Is the regime adoptive?
  • Who can apply for a pavement licence?
  • Can the applicant be a company?
  • Does an applicant need a premises licence under the Licensing Act 2003?
  • What does the pavement licence authorise?
  • Does a pavement licence affect or give rise to other entitlements to sell food and beverages (including alcohol?)
  • Is a pavement licence necessary for patrons of premises to drink on the pavement?
  • What does “furniture” mean?
  • In respect of what highways can pavement licences be granted?
  • Can a pavement licence be granted in respect of car parks, beer gardens, village greens and the like?
  • How is the sale of alcohol regulated in areas covered by pavement licences?
  • How is an application made?
  • What do all applications have to state?
  • What other information may a local authority require?
  • Does the applicant have to lodge an operating schedule?
  • Is there an application fee?
  • What does the applicant have to do once the application is made?
  • What must the local authority do when it receives an application?
  • How long is the public consultation period?
  • Who must local authorities consult?
  • Can members of the public make representations about the application?
  • When does the local authority have to decide the application?
  • How long does the local authority have to decide the application?
  • What happens if the local authority does not decide the application by the end of the determination period?
  • What are the local authority’s powers in determining the application?
  • How should the local authority exercise its powers?
  • Should local authorities adopt their own policies?
  • What conditions may be attached to the licence?
  • How are local conditions imposed?
  • What should standard local conditions include?
  • What are the default and deemed national conditions?
  • How does a pavement licence relate to a Part 7A Highways Act 1980 permit?
  • What enforcement powers are available under the scheme?
  • What other enforcement powers are available?
  • Does a prohibition on a public spaces protection order apply to the area of a pavement licence?
  • Must fee refunds be made in the event of an application being refused?
  • Is there a right of appeal against a decision?
  • Is pavement licensing an executive or non-executive function?
  • What about premises which have long had tables and chairs on the without any express permission?
  • Can a pavement licence be transferred?
  • Can a pavement licence be surrendered?
  • What can local authorities do to assist the trade in advance of the Bill receiving Royal Assent?