Issue - decisions

(R&E) Highways Act Licences

13/04/2021 - (R&E) Highways Act Licences

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

9 April 2021

Decision Maker:

(Including Job Title)

Tom Smith, Assistant Director, Community Safety and Streetscene

Specific Delegation:

(If any)

Non-specific

 

Brief Description of Decision:

 

 

That the conditions contained within the Highways Act Licence for permission to place tables and chairs on the highway, be temporarily amended as follows:

 

“During the period that any Pavement Licences issued under Part 1 of the Business and Planning Act 2020 remain in effect (which does not apply to areas where there is a PSPO in place), the following conditions will apply to licences issued under s.115E of the Highways Act 1980 [premises licenced to sell alcohol] as a temporary amendment:

 

  1. The area to which this licence relates may only be used during periods that the premises is open for the purposes of selling alcohol for consumption on the premises, or until 23:00hrs whichever is the earlier.  This will be the case unless an earlier time is considered to be justified following consultation, in which case the Council will notify the licence holder of the revised time in writing.  The area covered by the licence must be cleared of customers and all furniture during periods that this licence is not in effect.

 

  1. The licence holder is encouraged to serve drinks in ceramic cups or polycarbonate glasses or bottles.  This will be mandated by the Council if it is considered to be justified following consultation, in which case the licence holder will be notified of this in writing.

 

The Council reserves the right to withdraw this temporary amendment at any time (in whole or in part).  Should the amendment be withdrawn, the conditions detailed on licence will become effective immediately.”

 

The temporary amendment will cease on 30 September 2021 (or, if Part 1 of the Business Planning Act is extended beyond this date, the date at which licences issued under the Act cease to have effect).

 

 

Reasons for the Decision:

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the detailed reasons for the decision.

 

Details of alternative options considered and rejected:

 

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the details of alternative options considered.

 

 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

 

None

Dispensations Granted:

(If any)

 

None

Reports or parts of reports considered

 

Report to SLT/Gold, 9 April 2021 –Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980”

 

 

I certify that this is a true record of the executive decision in relation to the approved approach to the enforcement of conditions attached to licences issued under the Highways Act 1980.

 

Signed by the Decision Maker  

 

Dated: 9 April 2021

 

Name: Tom Smith           

 

Job Title:  Assistant Director, Community Safety and Streetscene