Agenda and minutes

The Chairman opened the meeting by welcoming Matthew Hill, new Superintendent of Smithfield Market, Graham Potts from Revenue Collection and Robert Wright from the City of London police to their first meeting of the Markets Committee. He also welcomed Robert Wilson back in his new capacity as Superintendent of New Spitalfields Market.

Apologies were received from Karina Dostalova, Deputy Brian Harris, Deputy Jamie Ingham Clark, Deputy Robert Merrett, Elizabeth Rogula and James De Sausmarez.

There were no declarations.

To agree the public minutes of the meeting held on 22 July 2015.

The public minutes of the meeting held on 22 July 2015 were considered and approved as a correct record.

MATTERS ARISING

Revenue Outturn 2014/15 (page 2) – The Chairman reported that the minute of the last Markets Committee meeting outlining Members’ concerns around the presentation of their Revenue Outturn Reports and requesting that future reports be presented in conventional commercial format with expenditure shown as a negative value (in brackets), rather than in the public sector format had recently been considered by the Finance Committee.

The Chairman reported that, whilst the new Chamberlain had agreed to provide the Revenue Outturn Reports in the format requested by the Markets Committee, the Finance Committee were opposed to this and on the basis that it would create inconsistency between Committees within the Corporation and may lead to confusion for Members of the public when reading Committee papers.

MOTION – Mr Lord moved that, as the two Committees were in dispute, this matter be referred to the Policy and Resources Committee. All Members present unanimously seconded this motion.

RESOLVED –That, the Policy and Resources Committee be asked to consider the Markets Committee’s request regarding the future presentation of its Revenue Outturn Reports.

Farmers’ Market – St Bartholomew’s Hospital (page 4) – In response to a question, the Director reported that the SMTA were adamantly opposed to a Farmers’ Market within the grounds of St Bartholomew’s Hospital.

The Chairman stated that the organisers were, nevertheless, free to pursue this matter with the City’s Planning and Transportation Committee.

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection providing an update on progress against the Business Plan of the Markets Department for Period 1 (April-July) of 2015-16 against key performance indicators (KPIs) and objectives outlined in the Business Plan.

The Chairman reported that there had been additional visitors to the Markets since the report had been produced. The Lord Mayor had visited Smithfield Market on 28 July 2015, the Deputy Mayor of London, Roger Evans, had visited Billingsgate Market on 15 September and the Committee had also visited Billingsgate earlier this morning for which the Chairman, on behalf of all Members, wished to record his thanks to all staff and traders.

The Chairman highlighted that references to ‘overtrading’ within the report related to traders who were trading outside of their tenanted area. It was requested that this be referred to as an ‘encroachment fee’ in future reports. In response to a question, the Director stated that simply asking traders to move goods that were placed outside their tenanted areas was not effective. An incentive for traders to comply was therefore required. The Deputy Chairman reported that he had now seen the issue first hand and that this was a real problem. The Chairman asked for further reports on this matter if the encroachment fee did not result in improvements.

In response to questions regarding sickness absence levels, the Superintendent of New Spitalfields Market (and former Superintendent of Smithfield Market) reported that there had been some long-term sickness cases, predominantly within the Constabulary teams at both sites, but that two of the individuals concerned had now returned to work. However, Members were informed that a member of maintenance staff had now gone on long term sick leave and had undergone one operation and was awaiting a

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection providing the Markets Committee with assurance that risk management procedures in place within the Department of Markets and Consumer Protection are satisfactory and that they meet the requirements of the corporate Risk Management Framework.

The Chairman stated that the various risk owners would now be updated to reflect the appointment of the new Superintendents.

With regard to the risk associated with East Poultry Avenue, a Member questioned whether it would be feasible to close this off during trading hours. The Director stated that this would cause huge traffic problems in the surrounding area and reported that the Department of Built Environment were currently exploring other potential solutions including traffic calming measures. The Superintendent of New Spitalfields Market stated that extra consideration would need to be given to forklift trucks using this road as traditional traffic calming measures such as speed humps were not always effective for these type of vehicles.

In response to questions, the Director reported that risks were reviewed by the Senior Management Group on a monthly basis. The annual, fundamental, risk register review was also reported up to the Senior Management Group.

RESOLVED – That, Members note the report and the actions taken in the Department of Markets and Consumer Protection to monitor and manage effectively risks arising from the Department’s operations.

Report of the Superintendent, Smithfield Market.

The Committee considered a report of the Superintendent, Smithfield Market, updating Members on discussions to implement a comprehensive Traffic Management Plan at Smithfield Market for the Christmas period 2015 following the success of a similar Plan initiated in 2014.

The Chairman reported that arrangements in place in 2014 had worked well and that he would therefore be reluctant to make any fundamental changes this year.

The Chairman referred to the statement within the report that highlighted that the City of London Police were not currently part of the Community Safety Accreditation Scheme (CSAS) although there were plans to review this position. The Chairman highlighted his concern that this advice had not changed since last year and asked that a resolution be put to the Police Committee requesting that they re-consider the matter and inform Members of progress as soon as possible.

A Member underlined the importance of properly differentiating between HGVs and LGVs as these were no longer commonly used terms. Whereas H for Heavy and L for Light was previously common, the approach now is L for Large and S for Small.

RESOLVED – That, Members:

·        Approve the Final Traffic Management Plan; and

·        Agree to fund the additional traffic control measures such as the appointment of private stewards outlined in the report from either the projected underspend on Smithfield Central Risk budgets or from a reduction in any concessionary car parking measures by one week.

There were no questions.

Strategic Review of Markets

The Chairman asked the Director to initiate a strategic review of the City’s Markets. He underlined the importance of looking at the long term future of these Markets.

Members were supportive of this suggestion and stated that it would be crucial to engage also all stakeholders and tenants in the review.

SMTA Protocol Letter

The City Surveyor reported that the Comptroller and City Solicitor was in receipt of a formal letter of claim dated 21 September 2015 from Kidd Rapinet solicitors acting on behalf of the SMTA with regard to the Poultry Market dilapidations. Members were informed that the letter contains three requests:- first that receipt of the letter be acknowledged within seven business days, second that the City agree to the report of their building surveyor and third that a clear start date for the historical repairs is provided.

The City Surveyor went on to report that the Comptroller and City Solicitor had already formally acknowledged receipt of the letter and that the report of the building surveyor was currently being reviewed.  The Committee were informed that a full response to the letter was required within 28 days of receipt (19 October).

National Association of British Market Authorities (NABMA)

The Chairman, on behalf of the Committee, congratulated the Director of Markets & Consumer Protection on being presented with the Krys Zasada award for his outstanding contribution to the Markets industry, nationally through NABMA and internationally through the World Union of Wholesale Markets.  The award was displayed at the meeting.

MOTION - That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Local Government Act.

RESOLVED – That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part I of Schedule 12A of the Local Government Act as follows:-

To agree the non-public minutes of the meeting held on 22 July 2015.

The non-public minutes of the meeting held on 22 July 2015 were considered and approved as a correct record.

Report of the City Surveyor.

The Committee considered an updated Gateway 3 options report of the City Surveyor relative to the Poultry Market. Several of the recommendations were approved and one deferred to a meeting of the Reference Sub Committee with power to act.

Report of the City Surveyor.

The Committee considered a report of the City Surveyor regarding the Poultry Market Letting Strategy. This matter was referred to the Markets Reference Sub Committee for further consideration with power to act.

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection on Tenancies at Will that have been granted at the City of London’s Wholesale Markets and on lease assignments.

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection informing Members of invoiced income raised and outstanding as at 30^th June 2015.

The Chamberlain to be heard.

The Deputy Chairman was heard relative to recovering the costs of administering debt at the Markets.

Report of the Superintendent, Smithfield Market.

The Committee considered and approved a report of the Superintendent, Smithfield Market relative to concessionary parking at Smithfield Market during the Christmas Period 2015.

The City Surveyor to be heard.

The City Surveyor was heard relative to the Smithfield Cooling System.  

Questions relating to Spitalfields Market renewal lease terms and the Billingsgate Market fraud case were raised.

Items regarding the SMTA Protocol Letter received and the 2016 annual Markets Committee Dinner were raised.