Agenda item

This item includes appendices which contain information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and is not for publication. The appendices have 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: Staffing Update, Licensing Team performance and work activity in 2024/25 and financial update on income and debt. Further topics included 2024 - 2025 Licensing Sub-Committees and an enforcement update for 2024/25.

 

Adrian Overton provided an overview of the Licensing Activities which the Department oversaw and then highlighted staffing changes.

 

 

 

 

Staffing Update

 

The following staff changes were noted:

a)    Cristina Perez-Trillo was currently on maternity leave for a year. Matt Tucker was currently filling this role

b)    Lorna Mckenna was also on maternity leave for a year - Fabien Simms was covering her responsibilities

c)     Recruitment for a second Licensing Enforcement Officer was currently underway

d)    Recruitment was also underway for replacement compliance assistant as Abdul Ullah recently moved to Private Sector Housing

 

 

The Team’s Performance and the Licensing Act in 2024/25

 

Adrian Overton drew the Committee’s attention to some of the key statistics in relation to the work from the previous year. Key points included:

•       Overall, in 2024/25, the service dealt with a total of 1269 applications/notifications under the Licensing Act 2003 compared to 1474 in 2023/24. This was an increase of 6% from the previous year.

•       New premises licenses and full variations were similar to last year with 69 new applications.

•       In 2024/25 the service received 12 applications for provisional statements, compared to 18 in 2023/24. It should be noted that all of these applications were attributed to the redevelopment work at Olympia Exhibition Centre.  

•       A decrease in personal licenses, transfers and minor variations.

•       A decrease in DPS variations, change of details.

•       In 2024/25 there was a decrease in Temporary Event Notices (TENs) submitted compared to the previous year.

 

 

Licensing Sub-Committee Hearings in 2024/25

 

Adrian Overton provided an overview on the number of hearings in 2024/25. The following points were noted:

 

•       There has been a 15% decrease in hearings compared to 2023/24.

•       There were 3 reviews heard in 2024/25 compared to 1 in 2023/24

•       All the applications bar one was heard under the Licensing Act 2003, with one review and one sexual entertainment venue license being heard.

•       These figures do not include applications that the Licensing Team mediate on, which therefore no longer require a hearing.

 

 

Financial Update on Income and Debt

 

In terms of the Financial Management for the period, Adrian Overton, Licensing Team Manager explained that the total Income generated from licensing activities during 2024/25 totalled £337,875.

 

It was noted that 20 applications for the redevelopment of Olympia led to a higher figure for application fees in 2023/24. Annual fees have reduced due to a number of premises surrendering their licences in 24/25.

 

Adrian Overton explained that application fees under the Licensing Act are set by statute and cannot be amended by local authorities. And as of 31 March 2025, total overdue licensing debt was £20,895 compared to £16,000 at 31 March 2024.

 

 

Licensing Enforcement

 

Adrian Overton provided an overview of the inspection and enforcement activities for the period 2024/25. The following points were noted:

 

• The number of complaints received by the Enforcement Team – 246
• The number of warning letters issued for the breach of licence – 56
• The number of visits / inspections to a premises including checking for compliance, monitoring and test purchases – 158
• The number of full risk assessments undertaken at a premises –212
• The number of meetings with businesses, multi-agency meetings and residents’ meetings - 51

 

 

 

Pre-Application Advice Service and Service Improvements

 

Adrian Overton provided details of the Pre-Application Advice Service. The following points were noted:

•       The pre-application advice service represents excellent value for money

•       It enables businesses to obtain professional advice at a much lower cost compared to an agent/solicitor

•       In 2024/25 this generated £2,229 in income

•       The team offer free pre application advice for small independent businesses

 

Adrian Overton outlined the improvements which had  been achieved. These included:

 

Achieved:

1. New Gambling Policy – more restrictive with new cumulative impact areas and gambling vulnerability zones
2. Development of a new Night Time Strategy
3. Increased work with partner agencies such as Immigration
4. Continued the migration process to a new case management system (NEC)

 

Planned:

1. Licensing Service Review – Business friendly focus
2. Licensing Policy Review – New proposed hours and an alignment with our Night Time Strategy and Upstream London
3. Finalising the Night Time Strategy
4. New fees for Film Ratings
5. Possible new Sex Establishment Policy – focus on the welfare of performers

 

 

 

Gambling Policy -2025 - 2028

 

Adrian Overton provided an overview of the policy. It was noted that the proposed changes to the new policy included the following:

 

1. The key changes to the new policy include the following:

• Production of a new evidence base for the policy (known as a Local Area Profile – LAP). This provides different layers of information including data on crime and anti social behaviour, areas of deprivation, and the location and density of gambling premises.
• Introduction of 5 new gambling vulnerability zones and three cumulative impact areas within which there is a policy presumption to refuse any more new gambling applications.
• Reduction in the terminal hour for AGC and Bingo premises to 10pm (currently 11pm).
• A requirement that door supervisors must be used from 10pm onwards in any gambling premises.
• A continuation of the borough’s current no casino resolution.

 

 

The Night Time Strategy

 

Adrian Overton provided details on the Night Time Strategy and the progress which had been made so far. The following points were noted:

 

Boosting our economy

The Evening and Night-time Strategy aims to boost our economy by:

• supporting existing businesses.
• attracting new investment
• creating a welcoming, vibrant, safe and inclusive post-6pm environment for residents, businesses, workers and visitors.

 

Progress so far

•       Online workshop with the Night Time Economy Working Group

•       Desk-based research

•       Dedicated night tours with invited local stakeholders

•       Night audits of Hammersmith, Fulham and Shepherd’s Bush town centres

 

 

Questions?

 

Councillor Dominic Stanton asked why the Council was having such difficulty in recruiting an Enforcement Officer. In response, Adrian Overton explained that the Authority was looking to recruit an experienced officer and there was an existing officer that was learning on the job. The issue was that experienced officers appeared to be settled in their role and had been with their respective Authorities a long time. Adrian  also explained that over time, the nature of the role meant that it might not be as desirable an occupation as it once was.

 

Referring to the previous applications of Fulham Football Club and Olympia, Councillor Dominic Stanton asked whether these applications in 2023/24 matched up to the number of hearings. In response Adrian Overton explained that these did not match up as multiple applications for Olympia were held in individual meetings.

 

Councillor Dominic Stanton asked about the number of complaints that had been received and if a breakdown of these could be provided, including the spread and type of complaint. And in terms of the complainants, whether there were 20 people making 10 complaints each or were there 246 people making separate complaints. In response, Adrian Overton explained the Authority did have serial complainants who would complain about a specific issue a number of times about a particular premises. But in general terms, the Licensing Authority did not receive persons complaining about multiple premises. Adrian explained that when site visit were made, sometimes the specific issue that was the source of the complaint could not be identified and although a problem might be causing a disturbance, this did not necessarily mean a premises was breaching its licence.

 

In terms of the types of complaint, Adrian Overton explained these were seasonal. In the summer, these focused on outdoor noise such as been garden or patrons moving and drinking away from a venue, whereas in the winter, complaints focused on amplified noise from indoors. There were also incidents of anti-social behaviour linked to the customers of some premises. Further subjects for complaints focused on street drinking, off-licence management and selling to intoxicated persons, as well as underage sales.

 

In terms of the Gambling Policy, Councillor Wesley Harcourt asked if the Licensing Department had investigated dependency issues and whether there was any evidence to suggest that this was increasing. In response, Adrian Overton confirmed that Licensing was working with Public Health colleagues on the issue and it was an area that the Council needed more data on. Officers had noticed that gambling premises were located in areas of high deprivation, as well as close to hostels or centres to help people with addiction issues which was concerning. Adrian Overton confirmed it was a case of using and sharing personal data which was a challenge.

 

In relation to the Nighttime Strategy, Councillor Wesley Harcourt asked how this was progressing as he cited there were cases where premises were still choosing to close early and not use the full extent of their licence. In response, Adrain Overton confirmed that the Council had used a consultant to gain a snapshot of how the Nighttime Economy was operating. However, there was scope for more evidence gathering after the strategy had been introduced to assess how successful change had been. Councillor Wesley Harcourt asked about the timeline and enquired whether this would be considered at Full Council. In response, Adrian Overton explained that the Strategy would not need to be as it was an internal Council strategy but this still needed final approval so he could be specific about the adoption timescale. 

 

Councillor Wesley Harcourt highlighted that the communications aspects of the Strategy was particularly important as it sought to boost the Nighttime Economy, given the number of premises that were underutilising their current hours and residents concerns about the extensions of hours. Adrian Overton confirmed that information would be provided to businesses, including footfall information so that they became more aware that there might be customers wishing to use their premises later in the evening. Adrian Overton also highlighted the issue of staffing costs and feasibility of running a licensed premises if there were insufficient customers.

 

Councillor Asif Siddique mentioned the judicial review which had been referred to earlier in the meeting and asked if the premises was still operating. In response, Adrian Overton confirmed the case related to an organisation of businesses related to bingo associations after the gambling policy had been introduced in January 2025 and the application for review was submitted in the Spring. He confirmed that legal proceedings were ongoing and the Licensing Team were awaiting a judicial decision as to whether the matters needed to be considered at a hearing.

 

Councillor Jacolyn Daly asked for further details about the judicial review and noted the policy covered the local area profiling and to stop any new licences being issued, and also the return of the terminal hour from 11pm to 10pm. She asked if all these aspects were covered by the judicial review or only if it was focusing on specific areas. In response, Adrian Overton confirmed that the review mainly focused on the term in the Council’s policy which referred to cumulative impact areas and gambling vulnerability zones, then no more additional licences should be granted within those areas. Further details were provided on the legal arguments and aspects of the ongoing review.  Adrian Overton confirmed that as the review was ongoing, the Council’s current policy remained active.

 

Councillor Callum Nimmo asked what circumstances amounted to exceptional circumstances for a betting shop to open. In response, Adrian Overton confirmed that the gambling operator needed to provide evidence that by opening they would not have a detrimental effect on the local area and to demonstrate that they had robust training and management procedures in place. However, he agreed that the current tests were rigorous, and it was difficult to say what would amount to exceptional circumstances.

 

 

RESOLVED –

 

1.     That the Committee note the contents of the report and provide any comments, suggestions or recommendations for the team.