Question to the HM Treasury:

To ask the Chancellor of the Exchequer, pursuant to the Answer of 12 September 2024, to Question 4354, on Public Houses: Business Rates, whether (a) pavement licences under the Business and Planning Act 2020 and (b) outdoor licensing under the Licensing Act 2003 affect the assessment of a Fair Maintainable Trade for the purposes of the Rateable Value valuation or revaluation.

Answered by James Murray - Exchequer Secretary (HM Treasury)

Fair Maintainable Trade (FMT), for the purposes of determining a property’s rateable value, is an assessment of the property’s potential turnover. The absence or presence of a pavement or outdoor license will be reflected in the overall FMT for each pub.

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what guidance her Department issues on (a) smoking and non-smoking provisions in the model conditions and (b) other aspects of pavement licences.

Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)

Publicly available pavement licensing guidance provides details on the duration, application, determination, and enforcement of pavement licences granted under the Business and Planning Act 2020. It can be found on gov.uk here.

Section 4.2 of the said guidance sets out what is reasonable provision for seating where smoking is not permitted and suggests ways business can meet these conditions.

Found: Dr Michael Bingham OBE Interim Chief Planner Business and Planning Act 2020 The Business

Found: Planning Inspectorate updated its procedural guidance documents reflecting the changes brought in by the Business

Found: Extension The Government has extended the temporary Pavement Licence Provisions introduced in the Business