Leisure Sector Update: Levelling Up and Regeneration Act 2023.

Welcome to the Harrison Drury Leisure Sector Newsletter. Your regular update on legal developments across the leisure, hospitality and tourism sector. Our aim is to keep you informed, prepared and ahead of the curve with insights tailored to support you and your business.

You may well recall that as a result of covid, the Government allowed pavement licence applications to be fast tracked. This has now been made permanent from 31 March under the Levelling Up and Regeneration Act 2023.

Guidance has been published and can be seen here https://www.gov.uk/government/publications/pavement-licences-guidance, but a summary of the main changes brought about through the legislation and guidance is:

• The fee cap is increasing from £100 to £500 for first time applications or £350 for renewal applications.
• Local authorities have the discretion to grant the licence for up to two years.
• The 7 day consultation and 7 day determination timescales have been increased to 14 days for each.
• Local authorities have also been given the power to amend the licence in certain circumstances with the consent of the licence holder.
• Local authorities have the power to give notices to businesses not complying with this act and if furniture remains on the highway, the furniture can be removed and stored (and the local authority can recharge costs).  After three months of storage without return, the local authority can dispose of the furniture.
• There is new guidance in relation to considering the needs of disabled people and suggested measurements have been provided.

If you currently have a temporary licence that extends beyond 31 March 2024, you can apply to renew your licence with a maximum fee of £350 (the exact fee is at the council’s discretion). If your existing licence has no fixed end date then it will be extended for two years from the commencement date. Please see this letter from the Government which gives more detail on the transitional process.

We have a team of solicitors across a range of legal disciplines all with significant experience in supporting businesses in the leisure sector. Meet our leisure sector team to see how our team can help support you. If you wish to subscribe to our leisure newsletter, please do so here.