Business and Planning Act 2020 (c. 16)

PART 1 Consumption of food and drink outdoors

Pavement licences

9 Interpretation

(1) In sections 1 to 8 and this section—

• “Crown land” means land—

  (a)

  belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster,

  (b)

  belonging to the Duchy of Cornwall,

  (c)

  belonging to a government department, or

  (d)

  held in trust for Her Majesty for the purposes of a government department;

• “determination period” has the meaning given in section 3(10);

• “enactment” has the same meaning as in the Highways Act 1980 (see section 329 of that Act);

• “furniture” means—

  (a)

  counters or stalls for selling or serving food or drink,

  (b)

  tables, counters or shelves on which food or drink can be placed,

  (c)

  chairs, benches or other forms of seating, and

  (d)

  umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink;

• “licence-holder”, in relation to a pavement licence, means the person to whom the licence is granted or deemed to be granted;

• “local authority” means—

  (a)

  a district council in England,

  (b)

  a county council in England for an area for which there is no district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a local authority, and

  (e)

  the Council of the Isles of Scilly;

• “pavement licence” is to be construed in accordance with section 1(1);

• “public consultation period” has the meaning given in section 2(4);

• “relevant highway” has the meaning given in section 1(5);

• “relevant use” has the meaning given in section 1(4);

• “smoking” has the same meaning as in Part 1 of the Health Act 2006;

• “this group of sections” means sections 1 to 10.

(2) Subsection (3) applies for the purposes of—

(a) the reference in section 1(5)(a) to a highway to which Part 7A of the Highways Act 1980 applies, and

(b) the references to traffic orders in section 3(6)(a)(i) and (b) (which, by virtue of section 3(8), have the same meaning as in that Part of that Act).

(3) The definition of “traffic order” in section 115A(2) of the Highways Act 1980 is to be treated as if it included an order under section 14 of the Road Traffic Regulation Act 1984 made pursuant to subsection (1)(b) or (c) of that section under the procedure provided for by regulation 18 of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (S.I. 1992/1215) (procedure for temporary orders made for purposes connected to coronavirus).

(4) Section 115A(5) of the Highways Act 1980 (references to highways to which Part 7A of that Act applies) applies for the purposes of this group of sections.

(5) In reckoning the public consultation period or the determination period, no account is to be taken of—

(a) Christmas Day,

(b) Good Friday, or

(c) a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971.