The Community Services Manager introduced the report which informed Members of the steps taken in reviewing the current Swale Borough Council (SBC) Pavement Licensing Policy 2023 – 2026 brought about by changes to current legislation contained within the Levelling up and Regeneration Act 2024.  Members were asked to approve the revised Policy set out at Appendix I to the report.

The Chair invited comments from Members, and points raised included:

·         Were officers confident that there would be sufficient resource in respect of the 14 day consultation period for the licences, particularly during the holiday periods?;

·         how would the licensee deal with any damage caused to their street furniture by anti-social behaviour (ASB)?;

·         did the Council have control over the quality of any proposed street furniture?;

·         were officers confident that there was sufficient resource to deal with enforcement and could any monies secured via enforcement be ring-fenced?; and

·         in terms of paragraph 2.4 (Type of furniture permitted) of the draft Pavement Licensing Policy, on page 55 of the report, considered the wording ‘to our satisfaction’ should be included.

In response the Community Services Manager said that there were several pieces of legislation requiring a very quick turnaround, so the Licensing Team were very attuned to tight deadlines and processes were in place to ensure those were met during holiday periods.  The Licensing Team Manager clarified that whilst the consultation was for 14-days, officers then had a further 14 days in which to make a decision.

The Community Services Manager said that if licensees were experiencing ASB issues, then officers would discuss those with them, and most pavement licences required that street furniture was put away at night.  If there were issues during the day officers would seek to liaise with key partners such as Kent Police.  The Licensing Officer explained that photos of any proposed street furniture needed to be included with any application.  If officers had any concerns they would speak to the applicants or refuse the application.

The Community Services Manager reported that once the policy was in place, officers would monitor how much it cost the Council to put a pavement licence in place.  The fee was for the application and the Council could not charge extra for enforcement.  Officers were confident that there was capacity within the Licensing Team to deal with enforcing the policy. 

Councillor Monique Bonney moved the following amendment:  That delegated authority be given to the Community Services Manager to insert appropriate wording within paragraph 2.4 (Type of furniture permitted) to ensure that if the street furniture proposed was not to the satisfaction of the Council, then the application be refused.  This was seconded by Councillor Mike Baldock.  On being put to the vote the amendment was agreed by Members.

Councillor Mike Baldock proposed the recommendation, as amended, and this was seconded by Councillor Elliott Jayes.

Resolved:

(1)   That the amended Pavement Licensing Policy 2023-2026, as set out in Appendix I of the report, be agreed and delegated authority be given to the Community Services Manager to ensure that appropriate wording was included within paragraph 2.4 (Type of Furniture submitted) to ensure that if the street furniture proposed was not to the Council’s satisfaction, the application would be refused.