Issue - meetings

To consider continuing to delegate to the Lincolnshire County Council authority to discharge all functions relating to pavement licences under sections 1 to 9 of the Business and Planning Act 2020 as amended(report of the Portfolio Holder for Public Protection enclosed).

Consideration was given to the report of the Portfolio Holder for Public Protection which requested that consideration be given to continuing to delegate to the Lincolnshire County Council authority to discharge all functions relating to pavement licences under section 1 to 9 of the Business and Planning Act 2020 as amended.

The report was presented by the Portfolio Holder for Public Protection. The Head of Public Protection advised Members that the second recommendation would be removed, and that, following some further legal advice that had been received, the first recommendation would be amended as follows:

‘That Lincolnshire County Council be authorised to discharge, for the South Holland District Council area, all functions relating to pavement licences contained in sections 1 to 9 of the Business and Planning Act 2020 as amended by the Business and Planning Act 2020 (Pavement Licences) (Coronavirus)’

The following points were raised:

• Members asked whether this absolved the District Council of any liability if an injury occurred whilst the pavement licence was in place.
  • The Head of Public Protection confirmed that SHDC were consultees on any application for a pavement licence however liability for an injury would likely lie with the business whose pavement furniture it was.

• Members enquired as to how many licences had been granted since the pavement licensing functions had been delegated to Lincolnshire County Council and whether any complaints had been received by the District Council regarding the County Council not carrying out the licensing process correctly.
  • The Head of Public Protection confirmed that 5 licences had been granted within the South Holland area and no complaints had been received directly by the Licensing Team.  Any complaints received would be passed onto Lincolnshire County Council who administer the scheme.

DECISION:

That Lincolnshire County Council be authorised to discharge, for the South Holland District Council area, all functions relating to pavement licences contained in sections 1 to 9 of the Business and Planning Act 2020 as amended by the Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021 or by any further regulations.