Agenda and draft minutes

In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.

The following disclosures of interests were made:

To approve as a correct record the minutes of the Licensing Committee held on 18 June 2024.

The minutes of the meeting of the Licensing Committee held on 18 June 2024 were approved as a correct record and signed by the Chair.

To approve as a correct record the minutes of the meeting of the Licensing Sub-Committee held on 12 February 2024 in relation to the applications for the review and variation of the premises licence at Mon Ami, 20 Broad Walk, Northgate, Crawley, RH10 1HQ (chaired by Councillor Belben).

The minutes of the Licensing Sub-Committee held on 12 February 2024 (applications for the review and variation of the premises licence at Mon Ami, 20 Broad Walk, Northgate, Crawley, RH10 1HQ) were approved as a correct record and signed by the Chair.

To approve as a correct record the minutes of the meeting of the Licensing Sub-Committee held on 24 April 2024 in relation to the application for the review of the premises licence at Best One, 4 The Broadway, Northgate, Crawley, RH10 1DS (chaired by Councillor Irvine).

The minutes of the Licensing Sub-Committee held on 24 April 2024 (application for the review of the premises licence at Best One, 4 The Broadway, Northgate, Crawley, RH10 1DS) were approved as a correct record and signed by the Chair.

To answer any questions asked by the public which relate to an item on this agenda and which are in line with the Council’s Constitution.

Public Question Time will be concluded by the Chair when all questions have been answered or on the expiry of a period of 15 minutes, whichever is the earlier.

There were no questions from members of the public.

To consider report HCS/081 of the Head of Community Services.

The Committee considered report HCS/081 of the Head of Community Services.  The Health, Safety and Licensing Manager presented the report which set out the draft policy for the determination of pavement licences, which would allow local businesses to provide street furniture outside their premises. Local authorities had been temporarily responsible for the provision of this function since 2020, but in March 2024, the Business and Planning Act 2020 (as amended by the Levelling Up and Regeneration Act 2023) had transferred this power to local authorities permanently.  The implementation of a permanent policy was now required, including the fees to be charged for the application process.  The Committee was asked to consider and approve the proposed policy and associated fee structure set out in the report.

The Committee then discussed the matter.  There was general support expressed for the policy itself and for the implementing of a two-year licence term, but mixed views were offered about the fees proposed.  Some Committee members believed that the fee structure should be stepped, with businesses paying different rates based on certain criteria (for example, the size of the outside space to be licensed or the rateable value of the premises) rather than the proposed ‘one size fits all’ approach.  It was agreed that this alternative proposal may be more complicated to implement, but some felt that the priority was to create a fairer fee structure that did not penalise small businesses by charging them the same rates as larger businesses – smaller businesses were more likely to have less space and fewer outside tables, meaning fewer customers and less income as a result of their pavement licence – but they would pay the same as a larger business which would see greater benefit from the licence.  It was considered important that smaller businesses not be put off from applying due to fees which they may deem unfair or excessive.

Some Committee members highlighted the importance of the licensing service being cost-neutral.  If the fees were to be reduced (via a stepped approach), and an applicant’s fee was lower than the cost of administering their licence, the Council would take on the shortfall and this would create a deficit within the service.  The proposed fees set out in the report ensured that the actual costs were covered.  The Licensing Manager also explained that businesses had reported how vital outside areas were to their success – the increase in covers/footfall due to the provision of street furniture generated substantial income.  The proposed fees reflected this.

Officers were asked to further explain how the proposed fees were calculated.  It was explained that Appendix B to the report gave a breakdown of the costs of providing the service and the proposed fees covered these costs.  The fees charged by neighbouring local authorities, which were set out at Appendix C, had also been taken into account.  It was noted that the proposed initial fee equated to less than £21 per month – some Committee members believed this was good  ...  view the full minutes text for item 6.