Agenda item

This report has an appendix that contains information exempt within the

meaning of Schedule 12A to the Local Government Act 1972 and is not

for publication. The appendix has been circulated to the committee

members only.

Any discussion on the contents of an exempt appendix will require

the Committee to pass the proposed resolution at the end of the

agenda to exclude members of the public and press from the

proceedings for that discussion.

Adrian Overton, Licensing Policy & Enforcement Manager, introduced the members of the Licensing Team to the Committee. He explained the presentation would cover a range of topics, including the Council’s (Licensing) response to the pandemic, which was the primary reason the Annual Licensing Committee meeting had been delayed. Adrian explained that as a result of the pandemic, the Licensing Service had undergone significant changes, which included the way it operated. Members were encouraged to ask questions throughout the presentation.

Lisa White, Licensing Administration & Enforcement Manager, provided an overview of the work and performance of the Licensing Team between April 2019 and March 2020. The following key points were noted:

·       Broader and more flexible roles within the team had been introduced, which had helped to multi-skill staff and support personal development / provide better team cover.

·       The internal career progression within the Team.

·       The new management structure, which enabled the Team to be more efficient and flexible.

Councillor Victoria Brocklebank-Fowler asked if the Licensing Service still comprised of North and South Teams or whether the Service had amalgamated into a borough wide approach. In response, Lisa White confirmed that the Service had amalgamated into a one borough approach.

An overview was provided on a variety of performance statistics for 2019/20. It was noted that overall, the service had processed  a total of 1582 applications / notifications under the Licensing Act 2003, compared to 1298 in 2018/19, which was an increase of 22%. Twenty-five Committees were convened, and four reviews had been submitted by the Metropolitan Police.

In terms of gambling activities, it was noted that there had been a significant reduction in the number of betting shops from 42 to 26 in 2019/20 which represented a 38% decrease. The numbers of Adult Gaming Centres (3), sex establishments (2) and scrap metal site licences (5) all remained unchanged. Details were provided on the financial management of the team, including the finance project work and it was noted that as a result of enforcement activities, 279 suspension letters had been issued.

The Chair, Councillor Natalia Perez, noted that 36 premises licences had been suspended and asked for further clarification about the licence suspension process. In response, Lisa White confirmed that the Service worked with the premises, but if there was still non-payment (of licensing fees) a suspension notice would be issued, followed by formal suspension (pre covid only), if payment was not received by the agreed termination date. The Chair confirmed that the financial information which had been provided in the report was extremely useful and the committee requested that this was included in future Annual Licensing Committee reports.

Action – That the Annual Licensing Committee report include a Financial Management section in future reports.

Details were provided on the service improvement work which had been undertaken, including those procedures which had needed to be changed and adapted in response to the pandemic.

Councillor Natalia Perez noted that my account was no longer working? and asked for further information to be provided on how applications were processed and what had replaced the old system? In response, Lisa White confirmed that online application forms were being processed on Firmstep and forms were being designed by officers  which was taking some time.

Councillor Asif Siddique asked about pre-application advice fees and what steps were being taken to improve this revenue stream. In response, Lisa White explained that fees for small businesses would remain frozen but there were opportunities to look at increasing fees when large scale events were held in the borough or where larger premises were being used. However, any changes would be phased in after the worst of the pandemic had passed.

Appendix 5 – Covid-19 – Licensing Service Update

Adrian Overton, Licensing Policy & Enforcement Manager, explained that at the start of the pandemic all Licensing Sub-Committees were suspended. Meetings were then moved online several months later with great success and it was hoped these could continue in this way. In response, Adesuwa Omoregie, Head of Law confirmed that the need for online meetings was governed by temporary legislation and that at the moment, discussions were ongoing to determine what mechanism would be used to hold public meetings safely (socially distanced) in the future. Councillor Asif Siddique commented that he thought virtual or hybrid meetings were the preferred way forward.

The Chair, Councillor Natalia Perez, raised the issue of digital exclusion and the ramifications this had on potential public participation at hearings. She commented it was important that the Licensing Service remained flexible and officers explored options to ensure accessibility issues did  not impact upon the ability of residents to make representations.

Adrian Overton provided details of the new processes and procedures which had been developed during the pandemic and several examples were cited such as the digital procedures for signing new licenses. In terms of enforcement activities, it was noted that during the lock downs, most inspections were conducted by a drive by. However, when hospitality reopened over the summer of 2020 and the tier system of restrictions were introduced nationally, this made enforcement more complex (such as providing guidance as this evolved and conducting risk assessments).

Councillor Colin Aherne enquired what specific lessons had been learnt throughout the various lock downs regarding mask wearing and maintaining social distance. And what processes were in place to ensure Council staff were not put in danger when conducting their enforcement duties. In response, Adrian Overton explained that ultimately the Police were responsible for enforcing mask wearing, however, he assured committee that proactive risk assessments were always made before officers entered any premises to mitigate risk as much as possible.

Lisa White provided a summary of the key statistics from this period. The following points were noted:

•       Processed 873 applications and notifications. Decrease of 44% on 2019/20. Significant decrease in TEN’s 822 in 2019/20 now only 235 from 2020 to date.

•       Surprisingly licensed premises have increased – in total the Authority now has 947 premises.

•       Reduction in income – approximately £9000 a month.

•       New income streams – specialist training, revision of pre application advice service.

•       Current debt from non-payment of annual fees is  £23,555

•       31 premises currently suspended for non-payment of annual fees – ceased suspending premises during full lockdowns

•       Increase in expenditure – Covid enforcement

The presentation also covered the help to businesses which the Licensing Service had provided during the pandemic and the following points were noted:

•       The Licensing Service had provided a free pre-application service for up to one hour.

•       Officers were actively involved in the outside space project to promote the use of any outside local space for trading.

•       Officers had provided regular updates to  licensed premises on the changes in legislation and government guidance.

•       A flexible approach to the payment of annual fees had been taken.

•       Minor variations accepted for off sales before more recent changes in legislation.

•       A pragmatic approach to the enforcement of conditions at licensed premises (in line with Kit Malthouse letter) except where the breach concerned Covid 19 non-compliance.

Cristina Perez-Trillo provided an overview of enforcement activities during the pandemic and the following salient points were raised:

•       Review of licence for coronavirus offences. First licensing authority in the country to review and revoke a licence for Covid-19 offences.

•       4 Prohibitions notices ("PNs") served, formally advising operators on immediate measures to be implemented.

•       From July 2020, 4 Fixed Penalty Notices ("FPNs") were issued for breaches of Covid-19 offences.

•       Directions grant powers to local authorities to make directions which respond to a serious and imminent threat to public health.

•       Operations led and carried out by licensing for Covid-19 visits. On 4 July 2020, approximately 60 licensed premises were visited  to check the premises were Covid secure and to provide advice as necessary.

•       The regulations affecting hospitality venues had changed several times which had been a challenge and firm, but proportionate action was being taken where breaches had occurred.

The Committee thanked officers for their flexible approach to assisting businesses and residents throughout the pandemic period.

Councillor Zarar Qayyum noted that there had been a considerable number of changes to regulations and restrictions throughout the pandemic and it was easy for businesses to become confused with all the guidance that had been circulated. He asked about the approach the Authority had taken towards those businesses which had breached regulations or Covid restrictions. In response,  Adrian Overton confirmed that the Licensing Service had adopted a flexible approach where possible, but in those instances where there had been a clear and deliberate breach of regulations, then fixed penalty notices had been issued. Lisa White also confirmed that when the Government Tiers changed, the Licensing Service  conducted mail shots to all Licence holders advising them of the changes to the legislation.