Agenda, decisions and minutes

Licensing Committee - Tuesday 6 September 2022 7.00 pm

Venue: Council Chamber, Hackney Town Hall

Contact: Natalie Williams, Governance Officer 

Items
No. Item

1.

Apologies for Absence

Minutes:

1.1  There were no apologies received.

 

1.2  It was noted that Cllr M Can Ozsen had joined the meeting remotely.

 

2.

Declarations of Interest - Members to declare as appropriate

Minutes:

2.1  There were no declarations of interest.

3.

Minutes of the Previous Meeting

Decision:

RESOLVED: That the minutes of the last meeting of the Licensing  Committee held on 31 May 2022 be agreed as a true and accurate record of proceedings.

Minutes:

3.1  RESOLVED: That the minutes of the last meeting of the Licensing  Committee held on 31 May 2022 be agreed as a true and accurate record of proceedings.

4.

Licensing Service Annual Report 2021/22 pdf icon PDF 55 KB

Additional documents:

Decision:

RESOLVED: To note the report

Minutes:

4.1  David Tuitt, Team Leader Licensing, introduced the report. It was noted that the report would also be presented to Full Council for information. Some of the main points of activity and achievement over the past financial year were highlighted as follows:

 

Licensing Act 2003

·  The function that generates the most work is applications and correspondence under the Licensing Act 2003.

·  There were 92 new licences granted under the Licensing Act 2003. The number of minor variation licences granted and applications to vary licences to specify a Designated Premises Supervisor both continued on a slight  upward trend from the previous year.

·  As expected, the number of Temporary Event Licences (TENs) received increased following the impact of the pandemic and subsequent lockdowns. Numbers had however not returned to what they were pre-pandemic.

·  16 review applications were received, which was the highest in the past five years.  This was largely due to expedited review applications by the Metropolitan Police

·  There was a significant increase in the number of personal licences granted compared to the previous year. This was in contrast to the downward trend seen in the previous four years.

·  There were 58  Sub-Committee hearings, exceeding 50 for the first time since 2017/18. This increase was due to increased expedited review applications and temporary event notices where representations had been received .

 

In response to a question from the Committee regarding the number of TENs granted and refused, the Licensing Team Leader advised that the information was not contained within the report. Cllr Fajana-Thomas, Cabinet Member for Community Safety and Regulatory Services confirmed that approximately 78 percent of TENs received were approved. She advised that more concise information was available and could be provided outside of the meeting.

 

Gambling Act 2005

·  There had been a downward trend in the number of premises that people could gamble in (betting, gambling, adult gaming centres and bingo). This is the lowest number since the Gambling Act 2005 commenced in 2007.

 

Massage and Special Treatments (MST) Licences

·  MST licences include: nail bars, massage parlours, sauna & steam rooms and tattooists. There was a big fall in applications  during the previous year due to the pandemic.

·  Figures have not yet returned to what they were in 2019/2020, suggesting the Service has further work to do on this function to ensure that these premises are properly regulated.

 

 

Key Projects

·  The service continued to be affected by resource issues as they were the previous.

·  Key projects included: work on digital transformation, reintroduction of a routine inspection regime and policy assessment and initiatives under the Licensing Act 2003, implementation of a new database and a review of fees. 

 

4.2  Following the presentation, Members asked questions, which were responded to as follows:

 

·  It was explained that the implementation of the new Salesforce database system would bring about efficiency savings as following the criminal cyber attack on the council’s IT systems, all data entry was undertaken manually. It was further explained that the on-line register which enabled residents to find out  ...  view the full minutes text for item 4.

5.

Late Night Levy - Year 5 Quarter 2 and 3 pdf icon PDF 58 KB

Additional documents:

Decision:

RESOLVED:  To note the report

Minutes:

5.1  Samantha Mathys, Late Night Levy Manager introduced the report, which provided an update on the Late Night Levy activities during the second and third quarters of Year 5 (1 February 2022-31 July 2022), It was explain that the levy year runs from 1 November to 31 October.

 

5.2  The following points were highlighted:

 

Income and Expenditure

·  Normal post pandemic income had been resumed with an increase in income from year 4

·  The total receipts in year 5 amounted to £251.716.

·  There is a balance of £146.232

·  Thee is approximately £490k outstanding from previous years due to the period in the pandemic when collection was paused

·  The police spend from July to April  is £144.376. The agreement with the police runs from 3-6 months. There is a delay between provision of service and invoicing. Activity for year 5 will be invoiced in year 6.

·  It was explained that there were four redepolyable CCTV cameras which could be moved around the borough in Night Time Economy (NTE) areas. The 3 year data package renewal for these amounted to £6.038

 

 

5.3  It was explained that the work undertaken by the Hackney Nights Team could be divided into three sections: (1) Crime prevention and engagement as set out at Appendix 1 Paragraph 4 which also included the accreditation scheme. (2) Enforcement and welfare as set out at Appendix 1 paragraph 5 which included the police plan focussed on reducing: vulnerability and violence especially against women and girls, thefts and substance misuse. (3) Communication and information sharing with stakeholders as set out at Appendix 1 paragraph 5 which included use of the Hackney Nights Portal and plans for a robust communications strategy.

 

5.4  Members of the Committee commented and asked questions which were responded to as follows:

 

·  There was a statutory duty to collect fees. The 490k dated back to a period in the pandemic where collection was not actively followed up in light of the financial challenges faced by many premises due to being non-operational during lock down, The Council had lobbied central government along with other councils to get an exemption for this period.  The Council however remained obliged to collect all the outstanding amounts, until such time that an exemption was agreed by central government.

 

·  In light of the cost of living crisis, the rise in energy costs and subsequent impact on businesses, every effort would be made to employ a pragmatic approach where possible and offer flexible payment options for those premises with outstanding fees.

 

·  Hackney Nights activities (including dedicated enforcement) had been tasked to Dalston. Following the pilot scheme of the medics team in Shoreditch, this had been extended to Dalston, Hackney Wick, Hackney Central and Stoke Newington. Police resources would focus primarily where needed. All 5 areas were taken into consideration when assessing how best to distribute resources in the most proportionate way.

 

·  There were limitations on how the  outstanding 490k income could be spent as 70% would have to be spent on policing with  ...  view the full minutes text for item 5.

6.

Late Night Levy Governance Structure and Terms of Reference pdf icon PDF 55 KB

Additional documents:

Decision:

RESOLVED: To the Late Night Levy governance structure and the Terms of Reference.

Minutes:

6.1  The Late Night Levy Manager introduced the report as set out.

 

6.2  The Cabinet Member for Community Safety and Regulatory Services explained that efforts had been made to ensure the format of board meetings was engaging and interactive, enabling businesses to ask questions of the Council and the police.

 

6.3  The committee noted  the Mayor of London’s report on Licensing, May 2022 which commended the Hackney Nights Portal as an example of best practice. It was described  as an ‘open-ended platform rather than a prescriptive programme that can be adapted to business requirements’.

 

RESOLVED: To the Late Night Levy governance structure and the Terms of Reference.

7.

Oral Update from Legal and Governance

Minutes:

7.1  The Licensing and Corporate Lawyer updated the committee on the current number and status of appeals and actions taken by the Council.

 

8.

Any Other Urgent Business

Minutes:

8.1  There was no other urgent business for consideration.