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by Munro Research

Business and Planning Act 2020


Official Summary

A Bill to make provision relating to the promotion of economic recovery and growth.

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Overview

This bill amends the Business and Planning Bill, primarily focusing on pavement licenses for businesses, accessibility for disabled people, smoking regulations, and extending provisions related to local authority meetings. It also makes adjustments to timeframes and clarifies certain definitions within the original bill, largely in response to the impact of the coronavirus pandemic.

Description

The amendments introduce several key changes:

  • Pavement Licenses and Accessibility: Local authorities considering pavement license applications must prioritize the needs of disabled people, considering recommended access distances as outlined in government guidance.
  • Smoke-Free Seating: Pavement licenses can now include a "smoke-free seating condition," requiring businesses with outdoor seating to provide a reasonable amount of seating where smoking isn't permitted. Guidance on this will be issued by the Secretary of State.
  • Secretary of State Powers: The Secretary of State gains the power to specify conditions for pavement licenses through regulations, deciding whether these conditions add to or replace existing ones.
  • Local Authority Responsibilities: Pavement license functions are formally assigned to local authorities' responsibilities.
  • Definition of Smoking: The bill clarifies the definition of "smoking" aligning it with the Health Act 2006.
  • Coronavirus Mitigation: Many amendments are conditional upon the Secretary of State deeming them reasonable to mitigate the effects of coronavirus. These relate to extending temporary provisions.
  • Timeframe Adjustments: Several clauses adjust deadlines, changing references from April to May.
  • Pre-cut off Times: New provisions are added to clarify the meaning of "pre-cut off time" concerning alcohol sales at licensed premises, generally defining it as before 11 pm.
  • Local Authority Meetings: The bill expands the definition of "local authority" in the Coronavirus Act 2020 to include various bodies such as Mayoral development corporations and Transport for London.
  • Parliamentary Scrutiny: Statutory instruments related to pavement license regulations will be subject to parliamentary annulment.
  • Geographical Extent: Specific sections of the bill only apply to England and Wales, while others extend to Northern Ireland as well.

Government Spending

The bill doesn't directly allocate specific sums of government spending. However, the costs associated with implementing the new regulations and guidance issued by the Secretary of State, and any administrative changes to local authorities, would likely increase government expenditure, although no specific figures are provided in the text.

Groups Affected

  • Businesses with pavement licenses: These businesses will be affected by new rules regarding accessibility for disabled people and potential smoke-free seating conditions.
  • Disabled people: The bill aims to improve accessibility for disabled people using pavements and public spaces.
  • Local authorities: They will have increased responsibilities in managing pavement licenses and ensuring compliance with the new regulations.
  • Secretary of State: Given increased power to issue guidance and regulations.
  • Licensed premises: Subject to changes around alcohol sales times and definitions of opening hours.
  • Parliament: Increased scrutiny over pavement license regulations.
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