Agenda and minutes

26 March 2024

It was moved by Councillor Peter Slack, Seconded by Councillor Laura Mellstrom and

RESOLVED (unanimously)

That the minutes of the meeting of the Licensing and Appeals Committee held on 26 March 2024 be approved as a correct record, following amendment of the resolutions to more clearly represent the decisions made.

Voting

09 For

00 Against

03 Abstentions

The Chair declared the motion CARRIED.

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

There were no declarations of interest.

To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.

There was no public participation.

The Business and Planning Act 2020, in response to Covid, was temporary legislation introduced to assist businesses by creating a temporary pavement licensing regime, due to expire at the end of September 2024. The government has made the scheme permanent, with several amendments, through the Levelling Up & Regeneration Act which received royal assent last year and came into force on Sunday 31 March 2024

The Levelling Up & Regeneration Act 2023 became law last year, the provisions to make the pavement licence scheme permanent were not immediately commenced. It was anticipated that it would happen later in this year.

A decision is required on what fee should be set (currently the fee of £100.00 is based upon the maximum permitted fee allowed under the temporary regime).

The Licensing Manager introduced a report which sought Member approval to set the fees associated with the Permanent Pavement Licensing Regime, which would come into effect following the expiration of existing Licences issued under the temporary legislation.

The report presented Members with background information regarding the circumstances which resulted in the implementation of temporary pavement licensing legislation, in response to the Covid-19 pandemic. The aim of this legislation was to allow businesses to more effectively utilise outdoor space adjacent to their premises, reducing the risks to customers during the pandemic. Prior to the introduction of the temporary regime, Street Café Licences were issued by County Council Authorities under part 7A of the Highways Act 1980.

The provisions to make the pavement licence scheme permanent were included within the Levelling Up & Regeneration Act 2023 which came into force on Sunday 31 March 2024. It was noted within the report that this Act introduced new maximum standard fee caps of £500 for new applications and £350 for renewals, with fees to be set locally by the relevant licensing authority. A Member decision was therefore required as to what these fees would be set at in the Derbyshire Dales area.

As previously requested by this Committee, the report set out the options considered for a tiered system of fees based upon a variety of factors. It was noted that none of the options considered were deemed feasible due to the difficult and costly enforcement processes that would be required. It was therefore recommended that the maximum standard fee caps be charged across the board in order to ensure that the costs for the licensing process could be recuperated effectively by the authority.

It was moved by Councillor Laura Mellstrom and Seconded by Councillor Peter Slack:

1.    That the information presented in the report regarding the implementation of a permanent pavement licensing regime be noted.

2.    That any premises holding a licence issued under the temporary pavement licensing regime be treated as a renewal under the new regime, as long as such an application is made before the expiration of the existing licence and the scope of the new application is identical to that of the previously granted licence.

3.    That the following banded structure of fees be established, based on the number of seats in the applicable outdoor space:

-       A fee of £200 per two-year licence for four seats or less, applicable to both new applications and renewals.

-       A fee of £500 per two-year licence for five seats or more, applicable to new applications. With a fee of £350 for renewals of this nature.

During debate, it was moved by Councillor John Bointon and seconded by Councillor Geoff Bond to amend point 3 of the previously proposed motion to read as follows:

3.    That the following banded structure of fees be established, based on whether the applicant is licensed for the sale of alcohol:

-       A fee of £300 per two-year licence for businesses which are not licensed for the sale  ...  view the full minutes text for item 42/24

At this point the Committee will consider excluding the public and press from the meeting in order to consider the exempt information contained within Item 7. The reasons for this exemption are detailed below, as per paragraphs 1, 2 and 3 of Schedule 12A of the Local Government Act 1972:

1.     Information relating to any individual.

2. Information which is likely to reveal the identity of an individual.

3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

It was moved by Councillor Peter Slack, seconded by Councillor Peter Dobbs and

RESOLVED (unanimously)

That in accordance with Section 100(a) of the Local Government Act 1972, the public and press be excluded because it is likely that the nature of the business to be transacted would result in exempt information being disclosed.

The Chair declared the motion CARRIED.

This report asks the Committee to determine an appeal against an officer decision to reject an application for a discretionary Council tax discount in respect of a property in Darley Dale.

The Director of Resources introduced a report which asked Members to consider an appeal against an Officer decision to reject an application for a discretionary Council Tax discount.

It was moved by Councillor Peter Slack, seconded by Councillor Geoff Bond and

RESOLVED

That the appeal be dismissed and that payment be required in full.

Voting

10 For

00 Against

02 Abstentions

The Chair declared the motion CARRIED.