Issue - meetings

Report of Health Protection, Compliance and Licensing Manager

Purpose of report

To consider and agree a draft Pavement License Policy for consultation with Oxfordshire Country Council as the Highways Authority, Thames Valley Police, Environmental Health, Fire Authority, along with other Stakeholders including Current Licensees, Local Ward Councillors, and Parish and Town councils. The current Policy is attached at Appendix 1. The proposed draft policy is attached at Appendix 2 together with proposed new standard conditions.

Following consultation and any changes deemed necessary, the Policy will be submitted to the Committee for approval.

Recommendations

The General Committee resolves:

1.1           To approve the new draft Pavement Licensing Policy for consultation to ensure that it reflects the current Government guidance, and input from relevant consultees.

(1)        That the new draft Pavement Licensing Policy be approved for consultation to ensure that it reflects the current Government guidance, and input from relevant consultees.

The Health Protection, Compliance and Licensing Manager submitted a report which presented a draft Pavement Licence Policy for consultation with Oxfordshire Country Council as the Highways Authority, Thames Valley Police, Environmental Health, Fire Authority, along with other Stakeholders including Current Licensees, Local Ward Councillors, and Parish and Town councils. Following consultation and any changes deemed necessary, the Policy would be submitted to the Committee for approval.

In introducing the report, the Licensing Enforcement Officer explained that whilst there was no statutory requirement to have a Pavement Licensing Policy, having a transparent Policy was good practice. The Council’s current Pavement Permits (Tables & Chairs) policy was part of the combined Street Trading Policy and had last been reviewed in 2019. The new draft Pavement Licence Policy was a standalone policy that reflected current legislation. A review of the fee structure had also been undertaken.

In response to a question regarding the proposed new fees that would be applicable from the 2026/27 financial year, the Licensing Enforcement Officer explained that fees were set locally, and it was for each licensing authority to determine the charge. Fees were capped at a maximum charge of £500 for first time applications and £350 for renewal applications. The Licensing Authority had reviewed costs associated with granting Pavement Licences for a maximum of two years resulting in the proposed fees based on cost recovery, £242.50 for new applications and £182.50 for renewals. The fees would be consistent for all applicants.

In response to Members’ comments regarding the use of vapes which was not included in the draft Pavement Licence Policy, the Committee was advised that regulations relating to the use of vapes were not explicitly included in the existing smoke free legislation and could therefore not be included in the Policy.

In response to a question relating to how the space requested for outdoor seating was defined, the Licensing Enforcement Officer explained that the application process required submission of a site plan with clear measurements showing the relevant boundaries for which consent was sought.

Resolved

(1)        That the new draft Pavement Licensing Policy be approved for consultation to ensure that it reflects the current Government guidance, and input from relevant consultees.