Agenda item

Mr James McCool introduced the report. He explained that the first part of the report related to pavement licensing fees.  These were regulated by the Business and Planning Act 2020. This Act had been modified through the Levelling and Regeneration Act 2023, which brought in new fees, a modified application process, longer maximum term for pavement licences, and provided clarifications on enforcement procedures. The Director of Highways and Regulatory Services at RBKC decided last year to change the fees to align with the maximum permitted under the modifications to the Business and Planning Act 2020, and this had been done in consultation with the Chair to be retrospectively approved by the Committee. The maximum fees allowed for new pavement licences was £500, and for renewing licences was £350. This was explained in Table 1 of the officer’s report. The second section of the report related to British summertime licensing, and the scheme the council had put in place to enable summertime terraces to be licenced during daylight savings time. In 2024, there had been approximately 100 sites in the borough with summertime terraces, and since beginning charging two years prior, roughly 90% of sites originally permitted during the pandemic (at zero cost) were continuing to apply for licences and were willing to pay the fee set out in Table 2 of the officer’s report. A new addition to the charges had been proposed, with a late payment fee included to begin to recover costs incurred by chasing late payments. Mr McCool explained that the late payment charge should be amended to read “Late payment charge if monitoring fee invoice is not paid within 30 days of the due date stated on the invoice”. It was confirmed that invoices were sent to licensees by email.

Mr McCool added that the fees and charges in Table 2 would be applicable from the date of the Licensing Committee meeting, as a guidance note would be sent to all previous licensees the following day by email to inform them of the changes. Hospitality businesses would be invited to apply for their summertime licence 2025, and this would be a two-step process – first, the request would be considered, and a suspension of traffic and parking would be arranged, then the pavement licence would be applied for.

Mr McCool concluded his summary of the report be explaining that under the Business and Planning Act, the tables and chairs licences of the borough could not be licenced under the Highways Act if they could be licenced under the Business and Planning Act instead. The Business and Planning Act related to hospitality, so only businesses who wanted a Tables and Chairs Licence without hospitality could apply for them under the Highways Act instead. Only a small number of businesses in the borough had this apply to them, including an estate agent and some salons. The proposed fees and charges were calculated d to bring the cost in line with inflation.

In response to a question about sending reminders to licensees, officers explained that approximately a third of premises were late paying. Legislation was in place to determine how much interest could be charged, but it was based on the number of days the payment was late, and it was such a small amount that the cost recovery would not be worth the time it took. The Licensing Authority was able to charge every time action was taken however, through phone calls, emails or letters in order to recuperate costs.

In response to a question regarding the distinction between pavement licences and tables and chairs licences, Mr McCool explained that most tables and chairs licences in the borough were licenced under different legislation. A key decision had been taken in 2022 to have British summertime licensing for tables and chairs in order to support alfresco hospitality. On the footway licensees can apply for a year-round licence, but in the summer period temporary footways were created. If the tables and chairs were left out permanently, then a premises could end up getting deemed consent for them, but the Licensing Authority felt it was appropriate that they be removed after British summertime ended. The broadest definition of summer the licensing authority could find was related to daylight savings time, and so that was applied to this type of licence.

In response to questions by the Committee regarding the dates applicable for summertime licences, Mr McCool clarified that it was in accordance with British summertime, so from the final Sunday in March when the clocks went forward, to the final Saturday in October when the clocks went back to daylight savings time.

The Committee RESOLVED that the proposed pavement licensing fees for 2025/26 be approved as set out in Table 1 of the officer’s report.

The Committee also RESOLVED that the proposed temporary footway extension fees be approved as set out in Table 2 of the officer’s report, subject to the modification of the third row of the table to now read “Late payment charge if monitoring fee invoice is not paid within 30 days of the due date stated on the invoice”.

Action: Director of Transport and Regulatory Services