A report seeking Committee approval to adopt a Street Pavement Café Policy for Reading.

The Committee considered a report that recommended the adoption of a Pavement Café Policy for 2024-29 for Reading. The following documents were appended to the report:

·                Appendix 1 - Street Pavement Cafe Policy 2024 to 2029;

·                Appendix 2 - Pavement Cafe Licence Fees;

·                Appendix 3 - Equality Impact Assessment;

·                Appendix 4 - Financial Implications; and

·                Appendix 5 - Climate Impact Assessment.

The report stated that the Business and Planning Act 2020 had introduced temporary measures with the purpose of allowing business sectors to adapt to a ‘new normal’ whilst managing the risks arising from the Covid-19 pandemic. The Act included temporary fast-track provisions to reduce the regulatory barriers for premises such as restaurants and pubs in England to apply for pavement licences to be able to serve customers outdoors. On 31 March 2024, the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023 (LURA) (section 229 and schedule 22) were commenced, amending the 2020 Act and setting out a new, more permanent, process as well as clarifying enforcement powers.

The provisions of the 2023 Act had introduced a permanent pavement licensing regime in England to replace the temporary provisions introduced by the Business and Planning Act 2020. A business which used (or proposed to use) premises for the sale of food or drink for consumption (on or off the premises) could apply for a pavement licence. The change to a permanent pavement licensing regime provided certainty to businesses when planning for the years ahead, particularly if they saw outside dining as a key part of their offer.

The proposed Pavement Café Policy for Reading had been drafted to reflect the above changes to the statutory framework and also aligned the Council’s fees structure with the revised fee levels set by Government that permitted charging up to £500 for new licences and £350 for renewals compared with the previous £100 cap.

The main purpose of the Policy would be to define how businesses in Reading could use temporary tables and chairs placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with, the use of the premises. The Policy also introduced a new public register and a new requirement for licence holders to display their licence prominently to provide consumers with more information and signposting as to where to make a complaint (namely the Licensing Team) if the furniture became an obstruction.

The report explained that, on 21 October 2024, the Policy Committee had approved the Council’s new fee structure for pavement cafe licenses set out within the Pavement Café Policy which had come into effect on 1 November 2024.

Resolved:

(1)           That paragraph 5.12 of the Street Pavement Café Policy 2024 to 2029, attached at Appendix 1, be amended to read as follows:

“5.12  There is no statutory right of appeal against the decision of the Council to refuse the licence, or against the conditions imposed on a permission. There is no option for internal appeal. If the applicant is unhappy with the decision they can make another application. For persons aggrieved by any refusal to grant a new Permission (or renew/vary any existing Permission) or by the conditions imposed on a Permission, they are invited to make another application.”

(2)           That, subject to (1) above the Street Pavement Cafe Policy 2024 to 2029, as attached at Appendix 1, be approved for immediate adoption;

(3)           That the increases made to Pavement Café fees and charges approved by Policy Committee on 21 October 2024 be noted.