The Business and Planning Bill will receive Royal Assent shortly after all the House of Lords proposed amendments were allowed through by the Commons last night – 21st July 2020. This will allow tables and chairs to be set up on the public highway immediately outside premises many of which will have the benefit of a licence to sell alcohol under the Licensing Act 2003.

I shall briefly summarise the amendments that have been made in the House of Lords as follows:

First, they have ensured that authorities must have regard to the needs of disabled people when considering whether to grant a pavement licence which is much the same under the normal Highways Act procedures.

They have ensured that non-smoking areas will be provided by businesses that are granted pavement licences although I am not sure that this will make any difference to non-smokers.

They have also ensured that local authorities can delegate decisions about pavement licences to sub-committees or to officials, and that regulations issued by Government will be laid before Parliament.

Secondly, they have amended the provisions about off-sales of alcohol to combat antisocial behaviour.  The Bill now limits off-sales to 11 pm at the latest, and any new permissions will not allow the sale of alcohol for consumption in outdoor areas of the premises that are already restricted by the premises licence. The idea here is that making off-sales of alcohol easier will help the hospitality industry to recover more quickly, but in a way that does not encourage antisocial behaviour.

Thirdly, they have increased the extension of planning permission by one month. This is a modest extension, but it will provide further certainty and reassurance to developers and local authorities that planning permissions will not lapse unnecessarily as a result of the pandemic.

Fourthly, in response to the report by the Delegated Powers and Regulatory Reform Committee, any extension to the provisions can be made only when it is

One the Bill receives the Royal Assent it is over to the local authorities across England and Wales to implement the new system via their own respective procedures so fun and games could be in order here as forms are not ready and fees not agreed.

The new system takes effect until the end of September 2021.