What you need to know - Business and Planning Act (aka Pavement Cafe Act)

We have previously reported on the progress of the Planning and Business Bill through Parliament.
The Business and Planning Bill 2019-21 has received Royal Assent today (Wednesday 22nd July 2020) and its provisions come into effect immediately under section 24 of the new Act. Pavement licences granted under this new Act may be approved for a minimum period of 3 months but may not extend beyond 30th September 2021.

As previously reported the House of Lords proposed a number of amendments to the Bill which have been adopted by the House of Commons and form part of the new Act including:

• When considering whether to grant a pavement licence Local Authorities must have regard to the needs of disabled people (s3(7) of the Act).
• Licence holders must make reasonable provision for outside seating where smoking is not permitted (s5(6) of the Act).

Further ‘mandatory’ conditions may be added to those already listed in the Act by the Secretary of State by further Regulations.

Limits on off-sales have also been adopted which limit off-sales, added by virtue of the Act, to 11pm. Also where there is an existing condition on your premises licence which restricts the consumption of alcohol in external areas, this will not be overridden by the new Act and will remain in active.