Amendment text
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)”
Proposed amendments
40 amendments across 5 provisions
Clause 1 5
Amendment text
at end insert—
“Premises” under this section includes empty premises.”
“Premises” under this section includes empty premises.”
Amendment text
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”.
Amendment text
at end insert “, except that no application may be made in respect of premises that fall within a cumulative impact zone.”
Amendment text
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)”
Clause 2 8
Amendment text
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—
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—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out “made” and insert “published by the local authority as required under subsection (3).”
Amendment text
leave out “7” and insert “14”
Amendment text
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.”
“including online in a format compatible with the accessibility requirement in the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018.”
Amendment text
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.”
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.”
Amendment text
at end insert—
comply with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.”
comply with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.”
Amendment text
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.”
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.”
Amendment text
at end insert—
comply with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.”
comply with the provisions of the Equality Act 2010 and any relevant regulations or guidance under that Act.”
Clause 3 7
Amendment text
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.”
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.”
Amendment text
at end insert—
preventing two pedestrians from passing each other whilst maintaining a minimum of one metre distance.”
preventing two pedestrians from passing each other whilst maintaining a minimum of one metre distance.”
Amendment text
after “persons” insert “, including the local police force,”
Amendment text
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—
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—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
consult—
consult—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
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.”
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.”
Amendment text
at end insert—
preventing two pedestrians from passing each other whilst maintaining a minimum of one metre distance.”
preventing two pedestrians from passing each other whilst maintaining a minimum of one metre distance.”
Clause 4 3
Amendment text
leave out “a year” and insert “three months”
Amendment text
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).”
Amendment text
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).”
Clause 5 17
Amendment text
at end insert “, and in doing so must take into account the needs of the disabled, including the blind and the partially sighted.”
Amendment text
at end insert—
Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.”
Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.”
Amendment text
at end insert “after consultation with local authorities.”
Amendment text
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—
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—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
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.”
A local authority may include conditions when granting pavement licences which incorporate views and concerns expressed in the public consultation under section 2.”
Amendment text
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.
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.
Amendment text
after “no-obstruction condition” insert “or a smoke-free seating condition”
Amendment text
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.”
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.”
Amendment text
leave out subsections (6) to (8) and insert—
The Secretary of State may by regulations—
The Secretary of State may by regulations—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert “, and in doing so must take into account the needs of the disabled, including the blind and the partially sighted.”
Amendment text
leave out “may” and insert “must”
Amendment text
at end insert—
Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.”
Pavement licences may only be granted by a local authority subject to the condition that smoking is prohibited.”
Amendment text
at end insert—
Any conditions published under subsection (6) are subject to annulment in pursuance of a resolution of either House of Parliament.”
Any conditions published under subsection (6) are subject to annulment in pursuance of a resolution of either House of Parliament.”
Amendment text
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.
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.
Amendment text
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.
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.
Amendment text
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—
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—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
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.”
A local authority may include conditions when granting pavement licences which incorporate views and concerns expressed in the public consultation under section 2.”