Agenda, decisions and minutes

1.1  Apologies for absence were received, prior to the meeting, from Councillors Conway and Kennedy.

1.2  Committee members congratulated Councillor Conway on the birth of her child.

2.1  There were no declarations of interest.

  RESOLVED the minutes of the previous meeting, held on 31^st October   2017, be agreed.

3.1  RESOLVED the minutes of the previous meeting, held on 31^st October 2017, be agreed.

  Fixed-Odds Betting Terminals

3.2  Committee members noted that a response had now been submitted to the consultation on Fixed-Odds Betting Terminals (FOTBs).

  Efes Snooker club Judicial Review

3.3  Committee members noted an article, tabled at the meeting, from the Local Government Lawyer magazine, on half time decisions (with regards to ‘no case to answer’) concerning the licensing appeal for the Efes Snooker club in Stoke Newington.  Committee members noted that a Judicial Review had been logged in January 2017, although details of the High Court’s decision from May 2017 had only been recently sent to Hackney Council. In outlining the this precedent decision, it was hoped that it would protect council witnesses in the future, especially residents, from being subjected to the ordeal of giving evidence and/or being cross-examined when defending a poorly formulated appeal.  

  RESOLVED the committee noted the recommendation (i) to (v) under paragraph 2.1. Members noted, when approving (vi) that it was included in the event of any errors to the policy coming to light before it was approved at Council, who would also be advised by officers as to the appropriate date when the Policy would take effect.

4.1  David Tuitt, Business Regulation Team Leader, Licensing and Technical Support, introduced the report on the statement of licensing policy. Following approval of the draft Policy by the Licensing Committee on 31 October 2017, the public consultation on the proposed Licensing Policy ran from 6 November 2017 to 12 January 2018. It was publicised via the Council website, in local press, social media and at an information event. A summary document produced by the Council’s consultation team focussed on the key areas of the draft policy, namely:

·  Changes to the Special Policy Areas (SPAs), including the extension of the Shoreditch SPA boundary and simplification of the Dalston SPA policy

·  New general principles for applicants

·  New core hours policy

·  New policy on ‘off’ sales, the supply of alcohol for consumption off the premises

·  New policy on outdoor activities

4.2  Historically, the Council had first published its Statement of Licensing Policy in January 2005, which set out the decision-making principles when licensing premises for alcohol, regulated entertainment and late night refreshment. Reviews of the Policy had taken place in 2007, 2010 and 2015. In 2013 the Council consulted on the introduction of the Special Policy Area (SPA) in Dalston.

4.3  Mr Tuitt explained to the committee that analysis of the consultation responses identified a number of key themes including:

·  Potential harm to current nightlife

·  A barrier to growth

·  Watered down/pro business

·  London as a 24 hour city/Night Tube

·  Lack of evidence to support expansion of the Shoreditch SPA

·  The proposed ‘Core Hours’ (LP6) were too restrictive

·  Outdoor activities proposal too restrictive/or not restrictive enough

·  Could lead to costs of licences being inflated

·  Perceived inflexibility

·  Monitoring information

4.4  Mr Tuitt also highlighted some of the key evidential findings in the report, for example, the peak time period for incidents of crime and disorder were between 12:00hours and 03:00 hours.  Members also noted in Hoxton and Shoreditch, for example, Fridays to Sundays experienced more crime than other days, specifically Friday PM to Saturday AM. In Dalston Friday’s to Sunday’s experienced the most crime overall (67%) of the total, particularly between Friday PM to Saturday AM, and Saturday PM to Sunday Morning between 22:00 hours and 04:59 hours (42%).

  4.5  The committee noted in the report Police concerns about the Dalston and Shoreditch SPA. Police took the view that because of the numbers and concentration of premises in these areas they were collectively causing harm to the promotion of the licensing objectives rather than poor management of individual premises.  The police also highlighted that evidence showed a clear correlation between the locations of premises and subsequent availability of alcohol and the negative impact as a result of the licensable activities.

4.6  The committee also noted the results in the study about Shoreditch, and how, because of its intensity, due to the size of the crowds and the focus of licensed premises on ‘wet-sales’ (alcohol) and competitive drinks price promotions, it was more ‘stressed’ than other areas of Hackney. In London, Shoreditch was found  ...  view the full minutes text for item 4.

RESOLVED the Licensing Committee noted the contents of the report and appendices.

RESOLVED the licensing team would clarify what the quorum was for the Late Night Levy Management Board.

RESOLVED the licensing service would amend the terms of reference of the Late Night Levy Management Board, which includes clarifying the position of the role of vice-chair on this Board.

5.1  David Tuitt, introduced the report outlining the proposed Terms of Reference (TOR) for the Management Board otherwise known as the Late Night Levy Board (LNLB).  At the July 2017 Council meeting the Council resolved to implement a late night levy across the borough. Part of this decision included the setting up of a management board.

5.2  In response to a question from the vice chair, the licensing team agreed to clarify the quorum for the LNLB, as it was currently unclear in the TOR.

5.3  After a brief discussion, members were in agreement that the LNLB would meet no more frequently than once a quarter.

RESOLVED the Licensing Committee noted the contents of the report and appendices.

RESOLVED the licensing team would clarify what the quorum was for the Late Night Levy Management Board.

RESOLVED the licensing service would amend the terms of reference of the Late Night Levy Management Board, which includes clarifying the position of the role of vice-chair on this Board.

RESOLVED members considered and noted the report outlining their final response to the consultation on the Late Night Levy.

6.1  RESOLVED members considered and noted the report outlining their final response to the consultation on the Late Night Levy.

RESOLVED the Licensing Committee noted the proposed approach to the review of the statement.

RESOLVED the Licensing Committee supported a recommendation to Council that the ‘no casino’ resolution remain for a further three years given the characteristics of the borough.

7.1  David Tuitt introduced the report outlining the proposed approach to the review of the gambling policy (statement of principles) and the update on the local area profile.

7.2  Members noted the proposed timetable for review under paragraph 4.2 in the paper and that the dates contained within that paper could be subject to change.

7.3  The legal officer, Butta Singh, informed committee members that ideally any resolution would be included in the draft policy when it goes out for consultation. The proposed consultation period was currently between June and October 2018.

RESOLVED the Licensing Committee noted the proposed approach to the review of the statement.

RESOLVED the Licensing Committee supported a recommendation to Council that the ‘no casino’ resolution remain for a further three years given the characteristics of the borough.

8.1  There were no any other business items.