Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

Baroness Blake of Leeds Excerpts

Thursday 8th July 2021 Grand Committee

[Baroness Blake of Leeds (Lab)]

I have listened carefully to the debate so far, and very interesting points have been raised. Personally, I am very supportive of the principle of pavement licences. One of the first jobs I had as a local councillor was to introduce cafe culture into Leeds way back in the 1990s, which was not a concept that was greeted with great enthusiasm at the time. We have moved on now to dedicating whole streets and removing traffic from them so that cafés can spill out, which has proved to be incredibly successful. Obviously, the changes due to Covid have proved an enormous bonus to businesses that have been struggling.

However, I want to stress from a local authority’s perspective just how complex this can be. It involves consultation with the planning department, licensing, highways, community safety, and we heard from the noble Earl, Lord Clancarty, who spoke eloquently about the shared space issues and the need to consult carefully with disability groups. This can lead to incredibly complex processes. I will come back to this, but we have to wonder whether we have given local authorities the required resource to deal with processing applications and, most importantly, assessing and monitoring their impact.

We have learned that, when introduced last year, this was going to be a temporary streamlining of the pavement licence application process and that it would be in place for only as long as social distancing was necessary. However, the Government are today legislating for the extension of the provisions until September 2022, despite legal requirements on social distancing coming to an end this month. I begin by asking the Minister to clarify whether this represents a change in policy by the Government, and is he certain that there will be no further extension beyond September 2022?

On a similar point, the Minister will be aware that under the Business and Planning Act, an extension is legally permissible only if it is for the purpose of mitigating an effect of the coronavirus. Can he detail how this extension meets that requirement? I understand that the temporary nature of the measure was due to concerns raised by local authorities, as well as by community and campaign groups. There was concern about the process leading to more anti-social behaviour and creating noise and nuisance for local residents, as well as the issues we raised about impaired mobility. Can the Minister confirm that the Government have assessed whether the increase in pavement licences has led to those issues, and will he outline exactly what consultation has taken place with those groups on extending the provision?

The reduced funding stream is significant. I must inform your Lordships that the fee cap of £100 is leading several local authorities into some difficulties. Before this cap, some licensees were paying up to £1,000 without complaint, because they recognised the significance of what they were being allowed to do and the resource required to make it successful for them. Given that it is now close to a year since pavement licence streamlining came into effect, it would also be helpful if the Minister could clarify whether there have been any issues with the practical application of the new streamlined process. Can he confirm how many pavement licences have been granted under the new process and how that compares to the previous year? Most importantly, under the provision, how many businesses will need to reapply, as well as those applying for the first time? Have local authorities reported any issues with the statutory framework for the pavement licence process? Do the Government collect information on the conditions which local authorities are imposing? For example, the short turnaround time presents issues for the proper due diligence that needs to be undertaken in assessing applications.

I was pleased to hear from my noble friend Lord Faulkner that he intends to table a regret Motion in relation to the fact that this instrument will not guarantee 100% smoke-free pavement licences. We on these Benches have a proud tradition of acting to reduce smoking and the harms it causes both smokers and those around them. Last year, my noble friend secured an amendment to the Business and Planning Bill which guaranteed protection to non-smokers by requiring all licensed premises to set aside a non-smoking area. Clearly, there is more discussion to be had on this area, and I look forward to the debate that will be generated in the week ahead.

When the Government introduced the new pavement licence process last year, they had the support of these Benches, but with concerns raised over how it would be implemented. Given that the process is being extended by another year, I hope the Minister can allay those concerns and confirm that the Government will work hand in hand with local authorities and all the relevant groups to monitor its further application.