leave out subsections (3) and (4) and insert— No later than the day after that on which an application for a pavement licence is made, the local authority to which the application is made must—
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Amendments 40
Committee stage — Lords 20
at end insert “, and in doing so must take into account the needs of the disabled, including the blind and the partially sighted.”
leave out “a year” and insert “three months”
leave out “made” and insert “published by the local authority as required under subsection (3).”
leave out “7” and insert “14”
at end insert— “including online in a format compatible with the accessibility requirement in the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018.”
after “furniture” insert “safely (including a barrier being sufficiently visible to separate the furniture from the pavement and furniture placed sufficiently away from the pavement to allow for the safe passing of pedestrians)”
at end insert— Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.”
at end insert “after consultation with local authorities.”
at end insert— “Premises” under this section includes empty premises.”
at end insert— Where a pavement licence is deemed to be granted by a local authority under section 3(8) and a person informs the local authority that they have a concern with the accessibility of the pavement for people with disabilities or other pedestrians, the local authority must—
at end insert— A local authority may include conditions when granting pavement licences which incorporate views and concerns expressed in the public consultation under section 2.”
leave out “2021 expires at that time” and insert “2020 expires at that time unless the local authority has reviewed the application and granted it in accordance with section 3(2).”
at end insert— A local authority must establish a right to appeal the approval of an application under this section, with the determination of an appeal to be made within seven days from when the appeal is lodged.”
at end insert— preventing two pedestrians from passing each other whilst maintaining a minimum of one metre distance.”
at end insert— A local authority which does not publish the application and any information or material required by the local authority and publicise the public consultation in accessible formats is in breach of the public sector equality duty under section 149 of the Equality Act 2010.”
at end insert— comply with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.”
after “persons” insert “, including the local police force,”
at end insert “so long as the premises are those specified in Part 1 of Schedule 2 to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020”.
at end insert “, except that no application may be made in respect of premises that fall within a cumulative impact zone.”
Report stage — Lords 20
after subsection (5) insert— A “smoke-free seating condition” is a condition that, where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must make reasonable provision for seating where smoking is not permitted.
after “no-obstruction condition” insert “or a smoke-free seating condition”
at end insert— Within 7 days of this Act coming into force the Secretary of State must publish conditions ensuring that pavement licences do not make pavements inaccessible.”
leave out subsections (6) to (8) and insert— The Secretary of State may by regulations—
at end insert— Where a local authority is considering for any purpose of this group of sections whether furniture put on a relevant highway by a licence-holder pursuant to a pavement licence has or would have the effect referred to in subsection (6)(a), the authority must have regard in particular to—
at end insert “, and in doing so must take into account the needs of the disabled, including the blind and the partially sighted.”
leave out “may” and insert “must”
at end insert— Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.”
at end insert— Any conditions published under subsection (6) are subject to annulment in pursuance of a resolution of either House of Parliament.”
at end insert— Conditions under subsection (2) may include that smoking is prohibited in either the entire area or part of the area covered by a pavement licence.
at end insert— Conditions under subsection (2) must include the condition that a minimum width of 1,500mm on all highways, thoroughfares and pavements is maintained (including the distance between any street furniture or street infrastructure, whether temporary or permanent) for the passage of pedestrians, including pedestrians with disabilities and using child carrying equipment.
at end insert— consult—
at end insert— Where a pavement licence is deemed to be granted by a local authority under section 3(8) and a person informs the local authority that they have a concern with the accessibility of the pavement for people with disabilities or other pedestrians, the local authority must—
at end insert— A local authority may include conditions when granting pavement licences which incorporate views and concerns expressed in the public consultation under section 2.”
leave out “2021 expires at that time” and insert “2020 expires at that time unless the local authority has reviewed the application and granted it in accordance with section 3(2).”
at end insert— A local authority must establish a right to appeal the approval of an application under this section, with the determination of an appeal to be made within seven days from when the appeal is lodged.”
at end insert— preventing two pedestrians from passing each other whilst maintaining a minimum of one metre distance.”
at end insert— A local authority which does not publish the application and any information or material required by the local authority and publicise the public consultation in accessible formats is in breach of the public sector equality duty under section 149 of the Equality Act 2010.”
at end insert— comply with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.”
after “furniture” insert “safely (including a barrier being sufficiently visible to separate the furniture from the pavement and furniture placed sufficiently away from the pavement to allow for the safe passing of pedestrians)”