69.These Regulations propose to extend until 30 September 2024 temporary provisions which were introduced during the pandemic to speed up the application process for pavement licences. Pavement licences are issued by local authorities and allow businesses that sell food or drink to place tables, chairs and other furniture on the highway adjacent to their premises. Under the temporary provisions, the application fee is capped at £100, and applications have a seven-day consultation period (compared to 28 days under the regular process), followed by a seven-day approval period (compared to an average approval time of 42 days under the regular process). During the consultation period, local residents may raise objections which the local authority must take into consideration when determining whether to grant a licence, and whether to impose any conditions.
70.The temporary provision was originally introduced by the Business and Planning Act 2020 and was due to expire on 30 September 2021. It was subsequently extended twice until 30 September 2022 and 30 September 2023 respectively.23 The Department for Levelling Up, Housing and Communities (DLUHC) says that as businesses need certainty to help them recover economically from the coronavirus pandemic, this instrument proposes a third 12-month extension until 30 September 2024. Provisions for making the arrangements permanent have been included in the Levelling-up and Regeneration Bill which has completed its Committee Stage in the House.
71.We asked whether disability groups had raised any concerns during the Department’s informal consultation exercise, and how any potential concerns had been addressed. DLUHC told us that:
“Some concerns were raised regarding accessibility and in particular ensuring that disabled people have clear lines of access and are not disadvantaged and unable to use the pavement as a result of a licence having been granted. The measures require that local authorities have regard to the needs of disabled people when granting a licence, and minimum distances required for access by disabled people as set out in the guidance.”24
23 Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 (SI 2021/866) and Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2022 (SI 2022/862).
24 See: Department for Levelling Up, Housing and Communities, ‘Guidance: pavement licences (outdoor seating)’ (26 July 2022): https://www.gov.uk/government/publications/pavement-licences-draft-guidance/draft-guidance-pavement-licences-outdoor-seating-proposal [accessed 19 June 2023].