Decision details

Introduction of Pavement Licences - Business and Planning Bill 2020

Decision status: For Determination

Is Key decision?: Yes

Is subject to call in?: Yes

Decisions:

Summary

 

The Economy, Culture and Leisure Portfolio Holder explained that when the report had been drafted, the Business and Planning Bill had been proceeding through the House of Commons and that, at the time, the functions were to be the responsibility of the Executive.

 

Since then, the Bill had proceeded through the House of Lords on 20 July 2020 and an amendment to the Bill had been agreed by the House of Lords to provide that functions relating to pavement licences were not the responsibility of the Executive.  The Local Government Association has supported this amendment.

 

The position on the Government website was that the Bill with the House of Lords amendments had been considered by the House of Commons on 21 July 2020.  The status of the Bill was that it was at the “ping pong” stage where amendments were being considered.

 

The Economy, Culture and Leisure Portfolio Holder thanked officers for their work on the policy and the report.  He informed Members that he would work with officers to consider the implications of the further amendments made by the House of Lords relating to the needs of disabled people in considering pavement licences, smoke free seating conditions, off sales amongst other matters.

 

The Economy, Culture and Leisure Portfolio Holder proposed, therefore, that the report be withdrawn and that officers be requested to consider the appropriate non-executive decision making route, either as an urgent item to be considered at the next Council meeting or, alternatively, through the emergency non-executive decision route to address the changes now proposed from this being an Executive function to a Non-Executive function.  The reason for this so that we are prepared as a Council for the date this Bill receives Royal Assent.

 

The Leader asked the meeting if the motion was agreed.  There was no dissent.

 

Decision

 

RESOLVED - That

 

(1)        the report be withdrawn; and

 

(2)        officers be requested to consider the appropriate non-executive decision making route, either as an urgent item to be considered at the next Council meeting or, alternatively, through the emergency non-executive decision route.

 

Reasons for Decision

 

To prepare for the date on which the Bill receives Royal Assent.

 

Alternative Options Considered and Rejected

 

None at this stage as the report was withdrawn.

Publication date: 24/07/2020

Date of decision: 22/07/2020

Decided at meeting: 22/07/2020 - Cabinet

Effective from: 03/08/2020

Accompanying Documents: