Philip Kolvin QC looks at a potential solution to the challenge outside drinking and Cheltenham Borough Council, understood to have become one of the first local authorities in the country to accelerate applications for temporary changes to the use of public areas and private land.

IoL Patron, Philip Kolvin QC, writing for the Local Government Lawyer website, offered possible solutions to licensing obstacles that might hinder licence holders from using outside space to trade safely during the current restrictions.  In the article, he said: “If the government listens, it will get town centres up and running next month. If it doesn’t, then unless it has a better plan we are looking at mid-autumn at least. Pessimistically, it might be all over for the industry by Christmas.”

Addressing solutions to potential licensing issues, he suggested:

1. Planning: The Town and Country Planning Act 1990 gives the Secretary of State power to grant a general planning permission by a development order, whether unconditionally or subject to conditions. He recently exercised this power to permit restaurants and bars to trade as takeaways for a year. It involves no Parliamentary process or public consultation.
2. Pavement licensing: The Secretary of State to publish non-statutory guidance, the main elements of which would be a simplified set of requirements for applicants, trading within social hours (say 10 a.m. to 10 p.m.), and fees should generally be restricted to £100.
3. Premises licensing: The solution should be for applicants to be able to relax conditions for exterior supply only by way of application for minor variation. The consultation process for such applications takes only ten working days.

It has also been reported that Cheltenham Borough Council is understood to have become one of the first local authorities in the country to accelerate applications for temporary changes to the use of public areas and private land.

The council said this would make it easier for businesses to accommodate more physical space for social distancing purposes, “for example to place tables and chairs on a footpath or public square”.

The licensing recovery plan and webpages include further information for businesses about relaxing certain policy measures and restrictions, offering guidance, targeted sign posting, comprehensive FAQ’s alongside dedicated officer support and advice.

The council also said it will now enable existing businesses and organisations in the town to create temporary buildings or structures on their land without the need for planning permission for a temporary period of time (initially up to the 1st December 2020), following a request from the businesses or organisation and a brief assessment by council officers.