Agenda, decisions and minutes

1.1  Aplologies for absence were submitted from Councillors ..

2.1  There were no declarations of interest.

RESOLVED that the minutes of the previous meeting held on 8 January 2019 be approved as a correct record.

Matters Arising

The following updates were provided in relation to the actions arising from the previous minutes:

·  Regulatory Services Service Plan update

Mr McCarthy stated that the sale of e-cigarettes to under 18 year olds was illegal.

·  Planning AMR 2017/18

The Committee were advised that officers were acquiring information in relation to the number of public houses in Hackney and a response would be circulated in due course.

ACTIONED: Following the meeting Ms Broughton has reported that ‘According to the Council’s licensing records, there are approximately 140 pubs in the borough.’

RESOLVED to appoint Councillor Jessica Webb as the Corporate Committee Member for the Council Joint Committee.

4.1  Dawn Carter-McDonald introduced the report seeking a member of the Corporate Committee be appointed on the Council Joint Committee which had a vacancy since May 2018 following the stepping down of a former elected councillor. 

4.2  Councillor Fajana- Thomas enquired about how the Corporate Committee was represented since May 2018.  Ms Carter-McDonald advised that since May 2018 there had been two meetings of CJC.

RESOLVED to appoint Councillor Jessica Webb as the Corporate Committee Member for the Council Joint Committee.

RESOLVED to:

1  Note the annual performance report for the service.

2  Note the level and scope of work being carried out to meet the requirements of the Plan.

         5.1  Gerry McCarthy outlined the report setting out the annual performance in relation to noise nuisance for the period 1^st January to 31^st December 2018 and an update on the volume of noise complaints, a breakdown of the individual types of noise within the services workload, including Temporary Event Notices (TENs).  The Environmental Protection Service Delivery Plan sets out the objectives of the Team and the key areas relating to Environmental Protection addressing statutory nuisance including commercial noise and odours, artificial light nuisance and construction noise, the management arrangements and resources allocated for the works.

5.2  Mr McCarthy stated that noise nuisance was the largest anti-social behaviour (ASB) in the borough and a range of resources had been allocated to address this issue.  He highlighted the key areas within the report:

Noise and ASB management

·  The Council’s Environmental Protection Officers (EPOs) focused on noise from commercial premises and issues related to construction noise and Principal Enforcement Officers focused on domestic noise and ASB cases and work out of hours. 

·  The online noise reporting service had been made simpler and streamlined. 

·  The e-form had been redesigned to allow the complainant to report noise nuisance issues and to complete a more detailed self-triage allowing officers to receive relevant information.

·  The use of the online complaint e-forms and the ongoing planned automation changes would make the triage process less resource intensive

·  The Council’s noise nuisance webpage had been updated providing clear and concise information.

·  Any completed form requests received during service hours including out of hours were assessed and triaged for engagement if required. Complaints were now assigned to the perpetrator.

·  The provision of an out-of-hours service was challenging as demand had been unpredictable with officers dealing with both commercial and residential noise nuisance and at times of peak fluctuation could result in up to twenty service requests in an hour

·  EPOs worked closely with the Council’s Licensing section in respect of noise nuisance from commercial licensed premises

Temporary Event Notices (TENs)

·  Hackney had the second highest number of TENs in London and the number of TENs received in Hackney had increased by approximately 25% following the introduction of legislation.  The demand in Hackney had been disproportionately high with a total of 1,315 TENs in 2012 and increasing to 2,401 in 2018.  The maximum number of TENs a premises could apply for was from twelve to fifteen per calendar year.

Construction Noise

·  The rise in construction noise had resulted from an increase in developments and construction within the borough within the past ten years. This had led to an increase in the average number of notices served or applications for consents approved under s60 and s61 of the Control of Pollution Act 1974.  In the period April to December 2018 there were 103 Section 60 notices served and 122 consents issued.

·  Funding had been agreed for two additional officers on fixed term contract until 3st March 2021 to assist with the increased number of requests received and out of  ...  view the full minutes text for item 5.

RESOLVED to note the content of this report and level and the scope of work being carried out to meet the requirements of the PSPO.

6.1  Gerry McCarthy introduced the report on the Public Space Protection Orders for the period from 1^st January 2018 to 31^st December 2018.  The following areas were highlighted:

• The visible street population appeared to have had increased in the previous three years, but the behaviour of individuals had been moderated by use of the DPPO/PSPO and other powers
• The complaints relating to street drinking had reduced to 26 reports in 2018 from the 609 reports recorded prior to the implementation of the DPPO. 
• The Council had maximised the resources available and established very effective operational partnership working and tasking to address street drinking and related ASB issues.
• Monthly Street Users Outreach Meeting (SUOM) were held with Council officers, Police and outreach staff regularly meeting to discuss individual cases and co-ordinate the enforcement activity and improve treatment efforts in order to tackle alcohol related ASB and street drinking.
• The Partnership Tasking Group met regularly to identify any emerging or actual hotspots and the tasking of police and enforcement resources.
• The Community Safety Team had identified hotspots and action plans were in place and supplemented by joint patrols involving Police, Enforcement Officers and Community Safety Officers.  Referrals had been made to Westminster Drugs Partnership and other support agencies as appropriate.
• There were currently two Anti-Social Behaviour Orders (ASBO) in place on individuals in Hackney.
• The Group Director, Neighbourhoods and Housing had convened a working group consisting of Officers from Housing Needs, Community Safety, Enforcement and Public Health to review the current support and interventions commissioned or offered to street users.
• The Council had recognised in its Manifesto commitment regading street users that officers would engage with drinkers and refer them to Street Link to moderate their behaviour.  Hackney Enforcement Officers and the Metropolitan Police Officers issued anti- social behaviour warnings prior to the issuing of Fixed Penalty Notices for street drinking in an attempt to tackle the problem in a proportionate manner.  Prosecution would be considered in extreme circumstances and in the event a failure to pay  a fine or breaching an injunction.

6.2  Councillor Stops asked whether further work could be carried out to prevent or stop the sale of alcohol cans by off licences to people already drunk, which was contributing to street drinking in Hackney.  Mr McCarthy stated that the Council was taking action against off licences and targeted work had been taken in the Narrow Way in Mare Street.  In addition there had been no restrictions on the off licences to sell no more than one can of alcohol.  Councillor Selman highlighted that Licensing had the powers to take enforcement action against a licensee in breach of their premises licence, however, no action could be taken against those holding a historic licence that did not have any condition restricting the sale of alcohol cans.  Further, legal action against a street drinker had been a challenge as the Council had to provide evidence and meet a high legal threshold.

6.3  Councillor Rahilly noted the drop in  ...  view the full minutes text for item 6.

7.1  The Committee’s draft work programme for 2019/2020 was noted.

8.1  There was no other urgent business.