The Licensing Urgency Sub-Committee of Westminster Council met on Thursday 25 April 2024 to discuss and make decisions regarding pavement licences. The committee agreed to set the fees for pavement licence applications at the statutory maximum, with new applications costing £500 and renewals £350. They also agreed that existing licences granted under the City of Westminster Act would be treated as renewals under the new regime.

Pavement Licences

The committee discussed the implications of the Levelling Up & Regeneration Act 2023, which made the pavement licence scheme permanent from 31 March 2024. This change means that businesses seeking permission for outdoor furniture, such as tables and chairs, must now apply for a pavement licence rather than under the previous City of Westminster Act. The urgency of the decision was highlighted by the fact that the Licensing Service had already received 151 applications, and any applications not determined within 28 days are automatically granted for two years.

The committee agreed to set the fees at the statutory maximum to reflect the time officers spend processing these applications. New applications will cost £500, and renewals will be £350. This decision was made to ensure the council can recover the costs associated with processing, inspecting, monitoring, and enforcing the pavement licensing regime, although it was noted that these fees would still not fully cover the costs of inspection and enforcement.

The committee also discussed the government's guidance, which encourages local authorities to grant licences for the maximum period of two years. While the benchmark for licences in Westminster will remain six months, applications for longer periods will be considered on their individual merits. It was also agreed that existing licences granted under the City of Westminster Act would be treated as renewals under the new pavement licence regime, provided an application is made before their expiration and the scope remains the same.

An action was agreed to include further details in the full report to the Licensing Committee, such as a link to the relevant government legislation and the cost of enforcing these licences by City Inspectors.

The meeting was attended by Councillor Aziz Toki (Chair), Councillor Karen Scarborough, and Councillor Angela Piddock, who was substituting for Councillor Maggie Carman. Councillor Piddock is the Deputy Cabinet Member for Adult Social Care, Supported and Specialist Housing. There were no declarations of interest made by the members present. The meeting concluded at 10:09 am.