Draft Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023

Nick Smith Excerpts

Monday 3rd July 2023 General Committees

[Dehenna Davison]

I am grateful to my right hon. Friend. In developing the provisions, we have engaged extensively with the Local Government Association and a range of local authorities, and we have paid attention to the costs and resourcing for the applications. The rationale behind the extension of the temporary arrangement is to try to make it cheaper and easier for businesses to operate outside—that is our top priority in extending the provisions.

All licences will be subject to a national no-obstruction condition and a smoke-free seating condition, as well as any local conditions set by local authorities. It is important to note that the grant of a pavement licence covers only the placing of removable furniture on the highway. It does not negate the need to obtain approvals under other regulatory frameworks, such as alcohol licensing.

Once a licence is granted or deemed to be granted, the applicant will also benefit from deemed planning permission to use the highway land for anything done pursuant to the licence while the licence is valid. That could include using furniture to sell or serve food or drink supplied from a premises.

The draft regulations will enable food and drink hospitality businesses to continue to obtain a licence to place furniture on the highway outside their premises quickly and cheaply. I firmly believe that the regulations will provide essential economic support for many food and drink businesses. If the regulations are passed, we will publish an updated version of the pavement licence guidance for local authorities and businesses so that they are aware of the continued support on offer.

I must stress—it has to get serious sometimes—that if the draft regulations are not introduced, there is a real risk that the steps that food and drink hospitality businesses have taken to recover from the economic impact of the pandemic will be undermined. We are seeking to make this measure permanent through the Levelling-up and Regeneration Bill, and a failure to extend it would result in an unnecessary gap in service and a return to the process under the Highways Act 1980, which would be confusing and costly for businesses and local authorities alike.

I am sure that many of us have enjoyed al fresco dining at pubs, cafés and restaurants and can see the positive impact that it has had on customers and the vibrance of our brilliant high streets. Since introducing a simplified route to obtain a temporary pavement licence, we have heard many examples of local businesses being able to increase their outdoor capacity quickly and at low cost. I am sure that we can all think of examples in our own constituencies.

[Nick Smith (Blaenau Gwent) (Lab)]

Draft regulation 2 states:

“These Regulations extend to England and Wales.”

But the explanatory memorandum states:

“The territorial application of this instrument…is England.”

Will the practical introduction of the statutory instrument in Wales be left to the Welsh Government, or will the measure now be stopped in Wales?

[Dehenna Davison]

For fear of misleading the Committee, I will follow up on that point in writing immediately following this sitting, so that I can set it out firmly and clearly and based on the regulations more widely. I apologise for not having an answer immediately to hand.

I want to express my gratitude to local authorities for the huge effort they have made in this matter. Their hard work has enabled businesses to thrive, while building vibrant high streets, and it has led to the success of these measures.

The draft regulations will allow al fresco dining and drinking to remain a reality for businesses and provide much-needed continuity and certainty for another year while we seek to make these measures permanent through the Levelling-up and Regeneration Bill. I commend the draft regulations to the Committee.

--- Later in debate ---

[Dehenna Davison]

We will not be here next year, because the Levelling-up and Regeneration Bill will get Royal Assent to make the measures permanent.

[Nick Smith]

Paragraph 10 of the explanatory memorandum says:

“No formal consultation has taken place on this measure.”

The Minister said that there had been consultation in an earlier year with Guide Dogs and the RNIB. What did the RNIB ask the Government to do, and what have the Government done to support those organisations to help people to get around these obstacles on our pavements?

[Dehenna Davison]

I will certainly provide some more specific detail on that point, but the core point was ensuring that we update the guidance for local authorities, which we have done. As I said in my opening remarks, we will update the guidance further this year for the extension of the provisions.

[Nick Smith]

I am glad of that, but that is not what I asked, which was about what the RNIB asked for and what the Government then did.

[Dehenna Davison]

As I said, I will follow up on that specific point in writing. I do not want the fact that we have disagreements to take away from the fact that we agree on the extension of the measures and on supporting our hospitality industry in rolling out al fresco dining and other great things that we are all benefiting from in Britain. That is why I commend the draft regulations to the Committee.

Question put and agreed to.