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Trinity Barrister Contributes to Business & Planning Act 2020 Pavement Licensing Overview


The Business and Planning Act 2020 received Royal Assent on 22 July 2020 with the new "pavement licensing" provisions coming into force immediately.

The Act enables businesses selling food and drink to apply to local authorities for permission to put tables and chairs outside their restaurants, bars and cafes, in turn promoting social distancing. The measures avoid the vast array of consents ordinarily required, including planning, Highways Act and street trading legislation.

Whilst the statutory guidance for pavement licensing functions has been published, in the absence yet of any supporting Regulations, Head of Trinity's Licensing team, barrister Charles Holland has co-authored an up to date overview of the new regime for the benefit of NEXSTART (the National Exit Strategy Advice & Response Team for the Hospitality and Entertainment Industry). In the note, that can be downloaded here, Charles and fellow contributors, barristers Sarah Clover and Leo Charalambides set out a detailed introduction to the new regime followed by a comprehensive list of supporting Q&As.

NEXSTART is made up of organisations each representing those affected by COVID-19 and was set up as a direct response to the impact of the pandemic. NEXSTART has a diverse and growing range of member organisations including: Night Time Industries Association, Institute of Licensing, British Institute of Innkeeping, CAMRA, British Beer and Pub Association, National Outdoor Events Association, Association of Independent Festivals, National Association of Licensing Enforcement Officers (NALEO), Tourism Alliance, Greater London Authority and London Councils.

Charles is instructed in a wide range of complex licensing matters by clients from across the country and is regularly recognised by the leading industry directories:

"He always provides practical advice and has an ability to navigate problems. He is one of the top licensing barristers in the country." "He is an exceptional advocate with fantastic research skills. He gives 100% to every case to ensure the client has the absolute best chance of success." Licensing Band 1, Chambers & Partners 2020.

"He has an eye for detail, is not afraid of challenging situations and has a commercial approach to clients' needs." Licensing, Legal 500 2020.

As well as being a Consulting Editor of Paterson's Licensing Acts and an Assistant Editor of the Journal of Licensing, Charles also has his own blogging website that includes Licensing, Business and Property litigation updates that can be found here.

COVID-19
In response to the impact of the Coronavirus crisis, Chambers' Licensing barristers and staff are committed to providing as much assistance as possible, including urgent advice, resources and support in dealing with remote, in person and hybrid hearings. Members of the team can assist in all aspects of Licensing issues arising from the pandemic and its impact on Local Authorities, Police Authorities, Businesses and individuals. For further details, please contact the clerking team on 0191 232 1927 or by email civilclerks@trinitychambers.co.uk

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Chris Lucarelli

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