Issue details

On Tuesday 2^nd April 2024, all local authority Chief Executives in England received a letter from the Department for Levelling Up, Housing and Communities.

The letter informed authorities that on 31^st March 2024 the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023 had commenced. This is a permanent replacement for both the temporary provisions introduced by the Business and Planning Act 2020 and the former provisions under the Highways Act 1980.

For the service to issue licenses under the Business and Planning Act 2020 as amended by the Levelling Up and Regeneration Act 2023, there is a need for the Council to set local conditions, in addition to two national conditions set out in statute.

The decision regarding local conditions would usually be made by Members of Licensing and Safety Committee. However, due to the timing of the Government introducing the new legislation and its proximity to local elections, the next scheduled Committee meeting will not be until July 2024.

As the service has existing licences that are expiring and new applications pending, the decision on local conditions cannot be delayed until the July Committee date.

As such, a delegated decision is required to enable applications under the act to be processed and issued in line with statutory timescales including the attachment of conditions to those licences.