Decision details
Revision of Pavement Licence Fee due to introduction of The Levelling Up and Regeneration Act 2023
Decision Maker: Director of Place Management
Decision status: Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
Pavement Licences were initially introduced
under the Business and Planning Act 2020. The Act provided a
streamlined and cheaper route for businesses such as cafes,
restaurants, and bars to secure a licence to place furniture on the
highway during the Covid period.
The Levelling Up and Regeneration Act 2023 makes permanent the
pavement licensing regime under the Business and Planning Act 2020,
with several changes that commenced on 31st March 2024. The
Levelling Up and Regeneration Act introduces 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.
The statutory guidance states that the fees will be set locally,
and it is for the licensing authority to determine the appropriate
charge. Fees are capped at a maximum of £500 for first time
applications and £350 for renewals.
Locally set fees are a vital means of ensuring both that full costs
can be recovered by us, reducing the risk of a subsidy from local
taxpayers, and that businesses do not pay more than they should.
The Provision of Services Regulations 2009 have important
implications for licence fee setting, and there have been legal
challenges to licensing fees based on the Regulations in the
past.
The fee setting exercise undertaken in Bath and North East Somerset
Council in 2023 for the 23/24 financial year calculated the actual
cost of processing a license application to be £267. These
are reviewed on an annual basis.
The change to the charges as set out within this ODD will be
updated and reflected within the Place Management Fees and Charges
schedule for 2024/25 in line with the delegated authority to the
Director of Place Management, in consultation with the appropriate
Cabinet Portfolio Holder as agreed within the Councils Budget
report (E3500) at annex 11, approved at full Council on the 20th
February 2024.
Decision:
To set the fee for a Pavement Licence at
£267 until the next formal fee review. The change to the
charges as set out within this ODD will be updated and reflected
within the Place Management Fees and Charges brochure in line with
the delegated authority as agreed within the Councils Budget report
(E3500), approved at full Council on the 20th February 2024.
Alternative options considered:
Option 1 - As above.
Option 2 - Keeping the previous statutory fee of £100. This
is rejected on the basis that the actual cost of processing each
application in £267.
Publication date: 18/04/2024
Date of decision: 18/04/2024