Sixth Report Contents

Instruments relating to Covid-19

Changes to business practice and regulation

Draft Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2022

4.These Regulations propose an extension until 30 September 2023 of temporary provisions which were introduced in England during the pandemic to provide for a quicker process for businesses to obtain a pavement licence from their local authority. A pavement licence allows businesses that sell food or drink to place tables, chairs and other furniture on the highway adjacent to their premises.

5.The Department for Levelling Up, Housing and Communities (DLUHC) explains that the temporary provision was introduced by the Business and Planning Act 2020 and was intended to expire on 30 September 2021. It was subsequently extended until 30 September 2022.4 This instrument proposes a further extension until 30 September 2023. DLUHC says that the temporary scheme “has overall been received positively by stakeholders”, and that following targeted engagement with the sector, disability groups, local authorities and others, provisions for making the arrangements permanent have been included in the Levelling-up and Regeneration Bill which is currently at Committee Stage in the House of Commons. We welcome that the Government intend to make the arrangements permanent through primary, rather than secondary legislation, as this will provide for a greater degree of parliamentary scrutiny.

6.We asked whether disability groups had raised any objections, and how any potential concerns had been addressed. The Department 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.”5 We welcome that the guidance draws attention to the particular requirements of those who are visually impaired.

7.Asked whether local residents could object to the granting of a pavement licence, DLUHC confirmed that “local neighbours are able to raise objections and the local authority must take these into consideration when determining whether to grant a licence, and whether to impose conditions”.

Public services

School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022 (SI 2022/662)

8.These Regulations correct the expiry provisions in relation to school admissions appeals that were made by earlier instruments,6 to ensure that they expire at the end of 30 September 2022, rather than the beginning of that day. The Department for Education explains that, in response to the pandemic, temporary provisions were made to enable school admissions appeals to be considered by a panel of two members where the third member had to withdraw because of COVID-19; to enable hearings to be held remotely, rather than in person, or in some cases on the basis of written submissions; and to change the timescales and fixed deadlines for appeals. These Regulations will ensure that these provisions will expire at the end of 30 September, and that any appeals lodged on or before 30 September, which have not yet been decided, can be concluded using the temporary rules. Some of the temporary rules are being made permanent in the new School Admission Appeals Code 2022 (see draft School Admission Appeals Code 2022, paragraphs 22 to 24).


4 Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 (SI 2021/866).

5 Department for Levelling Up, Housing and Communities, ‘Guidance: pavement licences (outdoor seating)’: https://www.gov.uk/government/publications/pavement-licences-draft-guidance/draft-guidance-pavement-licences-outdoor-seating-proposal [accessed 28 June 2022].

6 School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020 (SI 2020/446) and School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) (No. 2) Regulations 2021 (SI 2021/992).




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