The Head of Planning and Regulatory Services has submitted a report to update the Committee on progress with Miscellaneous Licensing matters previously raised with or by the Committee.

Recommendation(s): That the General Purposes and Licensing Committee resolves to:

1.    Note the current position and planned officer actions regarding the matters within this report.

2.    Decide whether to pursue the possibility of incentivising smoke-free pavement licenced areas further, having regard to officer comments in this report. 

Nicholas Cox, the Business Regulation Team Manager and Matthew Stead, the Supervising Senior Licensing Officer, joined the meeting.  

The Head of Planning and Regulatory Services had submitted a report to update the Committee on progress with Miscellaneous Licensing matters previously raised with or by the Committee. 

The Chair invited the Supervising Senior Licensing Officer to present the report.  

The Supervising Senior Licensing Officer outlined the main updates since the last meeting. Firstly, that pavement licenses have become permanent and that the number of pavement licenses for cafes has increased form 11 in 2016 to 91 this year. The Committee were assured that further enforcement actions are being taken, and businesses now have the security of a two-year licence. It was also explained that all applications are now completed online to streamline the process and ensure ease for both businesses and council officers.  

Secondly, the Supervising Senior Licensing Officer referred to a request at the previous meeting of the Committee for a report on the feasibility of incentivising smoke and vape free areas. It was explained that due to new legislation in recent months, there had not been sufficient staffing capacity to complete this. The Committee were assured that national requirements for smoke free seating areas already exist and that whilst few complaints have been received relating to breaches of this in Oxford City, officers do regularly ensure advise is offered to businesses and enforcement action takes place as appropriate. The Committee were reminded that the report asks whether they wish to pursue the possibility of incentivising smoke free pavements licenses any further.  

Finally, in relation to street trading and traffic management controls, the Committee were informed that a lot of work has been undertaken within the County Council partnership and communication pathways which has focused on regularising street trading locations in the town as an ongoing project. The Supervising Senior Licensing Officer explained that this would protect traders and the Council in the future. The programme to review and regularise each trading site has now been scheduled to conclude in March 2026, a year later than originally planned. 

In regards the Development Review Group, the Business Regulation Team Manager informed the Committee that all avenues have been exhausted in efforts to regularise street trading locations and therefore, it is proposed that the Committee instruct officers to pursue the development review group in order to progress the project. It was explained that most applications will take 12 to 18 months, and the next meeting is on 19 February 2025. The Committee also heard that a lead councillor would be required to sponsor this application, and the request was made to the Committee for nominations.  

The Chair sought clarity of what the role would involve to which the Business Regulation Team Manager noted that the nominated councillor would be required to be aware and provide advice in line with corporate objectives. 

Members of the Committee discussed the request and a preference for a councillor with County Council awareness and responsibility was noted alongside suggestions that either the relevant Cabinet member or Chair of the Committee should assume the role. It was noted that the nomination should be someone in post beyond May 2025. 
 

The Legal Adviser explained that the recommendation should be to delegate authority to the officer to appear before the review group. To this, Councillor Miles recommended that the Committee delegate the officer to make representations to the review group on the matter. 

As the relevant Cabinet member, Councillor Upton volunteered for the role. 

The Legal Adviser commented that it would be advisable to recommend a position, rather than a named individual. For instance, the Chair or Vice-Chair of the Committee, to which the Committee agreed. 

It was agreed that Councillor Mundy as Chair of the Committee, and Councillor Clarkson, as Vice-Chair of the Committee, would assume the role on the Development Review Group as required.

The Supervising Senior Licensing Officer outlined final highlights from the report, and the Chair invited the Committee to ask any questions.

Councillor Lygo sought clarity on the members of the Development Review Group to which the Business Regulation Team Manager referred to Committee to information to the intranet.   

Councillor Ottino queried how much of an incentive the reduction in cost of a pavement licence from £500 to £350 really is, to which Councillor Upton agreed and emphasised that there must be balance public health and the abilities of businesses to thrive. She further asked whether there is a capacity to make areas entirely smoke-free.

On Councillor Ottino’s question, the Supervising Senior Licensing Officer agreed that the incentive may not be considerable enough but noted that this would be a political decision. The Committee heard that if the incentivisation was adopted, it would likely generate more work for officers in relation to complaints and enforcement. In response to Councillor Upton’s query, it was confirmed that in theory, the policy could be altered to make areas entirely smoke free as local authorities have the powers to make this decision. However, concern was expressed that this decision could divert smokers to concentrate in alternative areas, contributing to noise pollution.  

Councillor Miles queried the feasibility of recommending that smoke free pavement licenses be restricted to daytime periods only in support of public health objectives and ambitions for a smoke-free Oxfordshire. She particularly focused on the effects on children.  

Councillor Muddiman asked whether incentivisation could occur through surcharge in licence fees, rather than reductions.  

The Supervising Senior Licensing Officer informed the Committee that they could restrict smoking to during daytime periods per national guidance provided reasonable justification exists. On the suggestion of surcharges, it was explained that licence fees are already charged at maximum levels, and to introduce surcharges would require a reduction in the normal fee levels.  

Councillor Lygo emphasised that consultation on the technicalities of daytime restrictions would be important to ensure that beneficial changes were implemented. He referred to a local example to demonstrate the issues that can be created from smoke free zones and recommended that businesses be consulted.  

The Chair requested any success stories from other authorities to which the Supervising Senior Licensing Officer committed to conducting research. 

Councillor Muddiman informed the Committee of a recent statistic relating to the impacts of passive smoking on lung cancer and noted her support for suggestions of daytime smoke free zones.  

Councillor Rehman supported the concerns shared about smoke free zones but noted that the movement of smokers to new areas is a matter of personal choice for which the Council cannot control.  

In response to earlier discussions, the Legal Adviser informed the Committee that information regarding the Development Review Group is available on the intranet and provided details of the membership.  

In relation to smoke free zones, the Committee discussed a recommendation to support the idea of daytime restrictions on smoking. Councillor Miles proposed a request for officers to explore the option of smoke free daytime restrictions to pavement licenses and bring back a report to the Committee outlining the feasibility of this. The Committee debated this, and Councillor Ottino expressed his opposition and sympathy to those who struggle with addiction to smoking; therefore, he recommended supportive rather than prohibitive measures be considered. Councillor Lygo also expressed opposition and requested more time be taken to conduct research and consultation. Councillor Upton expressed support for the amendment.  

The Chair clarified that the recommendation would only be to support the research and report on the possibility, and not any implementation.  

Councillor Miles emphasised that her proposed recommendation is focused on the vision of the city for children and businesses in the future, also accounting for the growth in vaping. Councillor Rehman supported this idea and concurred that the recommendation would be exploratory in nature.  

The Supervising Senior Licensing Officer retuned to a previous query regarding success stories from other local authorities and informed the Committee that three Councils impose smoking bans with varying conditions including South Tyneside, Manchester and Middlesbrough. On the prospect of a total smoking ban, it was noted that a large enforcement requirement would also require consideration, and the times of the bans would be critical to any success.  

The Committee discussed a deadline for the report to which the Business Regulation Team Manager emphasised that work on the report could not commence before April. In response, the committee agreed that a realistic timeframe would be to request the report for the meeting of the Committee in September 2025. The Chair emphasised that sufficient time should be taken to conduct the research well.  

The Committee resolved to: 

1. Note the current position and planned officer actions regarding the matters within this report. 

2. Request a report from officers outlining the feasibility of increasing restrictions to smoking in areas covered by a pavement licence. This was requested for review at the meeting of the Committee on 22 September 2025.