Agenda item - Chair's Communications

15.1    The Chair, Councillor Deane gave the following communications:

          Business and Planning Act 2020 (pavement licences, off-sales & TENs)

15.2    The Business and Planning Act 2020 had been introduced in July 2020 to help the hospitality industry recover from the coronavirus lockdown by making it easier for premises serving food and drink outside as well as being able to serving serve takeaway alcohol as part of an “al fresco revolution”. This temporary legislation initially due to last until 30 September 2021 had recently been extended to the end of September 2022. In addition to streamlining the pavement licence process and allowing limited off sales the recent extension regulations had temporarily extended the number of TENS (Temporary Event Notices) which may be given in relation to the same premises in the calendar year, without a counter notice being issued, from 15 to 20, and the number of days in the calendar year on which a single premises could be used to carry on licensable activities, from 21 to 26 days. This TENs extension applies to calendar years 2022 and 2023.

          Pavement Licences

15.3    A new process had been introduced which had created a streamlined route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. Pavement licences had been granted by BHCC for the last 20 years under the Highways Act 1980. The new process provided a cheaper, easier and quicker way (14 instead of 28 days) for businesses to obtain a licence. The fee for applying for a licence had been waived by P&R committee all businesses until Sept 2022. Licences could however only be granted on footpaths restricted to pedestrians or on roads and places to which vehicle access was currently restricted or prohibited.

·    Authorities must have regard to the needs of disabled people when considering whether to grant a pavement licence.

·    Within the city some of the areas have been adjusted to allow for extra space to support the businesses reopen but Highways are making sure that there is still room for pedestrians.

·    The new pavement licences can still include conditions and can be revoked following any breaches, or if the highway is no longer suitable for this use.

·    Before awarding a temporary pavement licence Highway Enforcement Officers will assess each site and consult with colleagues in Environmental Health and Sussex Police.

·    The new temporary licences can be issued in 14 days, rather than the current 28 day period. They would normally cost £100 but, in order to help businesses further, Highways have agreed to continue to suspended fees.

15.4    The reopening of businesses and the reliance on outside spaces had caused some concerns and enforcement issues, whilst most businesses have abided by the guidelines and licence conditions Highways had seen an increase in licence breaches. Mainly this had been around areas spreading either because the owners were adding extra seats or where customers were moving them to create more space. Because some areas had been enlarged there was not as much room on the pavement to accommodate any spread and this had led to obstructions and complaints. A number of complaints had also been received regarding the experimental traffic order and subsequent area changes in the North Laines. Data was being gathered including traffic counts and stakeholder comments before presenting a report to a future ETS committee. The Highway Enforcement team had employed additional staff over the summer to help tackle these issues and was also planning to reviewing its highway licensing policy towards the end of the year. A number of the experimental traffic orders were due to be reviewed soon, the reports on these orders would be going to the November ETS committee. Depending on the report recommendations that might mean that some areas would lose any extended outside seating.

          Off – Licence Extensions

15.5  The Act also provided licensed premises with an opportunity to provide ‘off sales’ and delivery services and :

·    Provided automatic extensions of premises licences that only permit sales of alcohol for consumption on the premises (“on-sales”) to allow sales of alcohol for consumption off the premises (“off-sales”).

·    Limits off-sales extensions to 11pm at the latest.

·    Any new permissions for off-sales do not apply to times when the premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises

·    The right to provide off sales doesn’t apply to premises licences granted after July 2020 or to premises who within last 3 years LA have refused to grant off-sales at a new licence or variation application or licence has been varied or modified so as to exclude off-sales.

15.6    RESOLVED – That the content of the Chair’s Communications be received and noted.