Agenda and minutes

Apologies for absence were received from Dominic Christian, Alderman John Garbutt, Deputy Brian Harris, Ann Holmes, Oliver Lodge, Chris Punter, Adam Richardson, Ian Seaton and Angela Starling.

The Chairman declared a standing interest as a Member of the Board of Governors of the Museum of London, which was referred to in the non-publics minutes of the last meeting, at agenda item 13.

To agree the public minutes of the meeting held on 30 November 2016.

The public minutes of the meeting held on 30 November 2016 were considered and approved as a correct record.

Report of the Town Clerk.

The Committee considered a report of the Town Clerk concerning their terms of reference and frequency of meetings.

It was felt that the Terms of Reference should be amended to make it clear, in paragraph (a), that the Committee had oversight of the management of all matters relating to New Spitalfields Market, and in paragraph (b) to make it clear that this Committee acted jointly with the Port Health and Environmental Services and Licensing Committees on the appointment of the Director of Markets and Consumer Protection with no one Committee assuming the lead on this.

RESOLVED – That:

a)           the Terms of Reference of the Markets Committee be amended for submission to the Court, as follows:

To be responsible for:-

(a)   oversight of the management of all matters relating to Smithfield Market, Billingsgate Market and New Spitalfields Market and the letting of all premises therein;

(b)   the appointment of the Director of Markets and Consumer Protection (in consultation acting jointly with the Port Health and Environmental Services and Licensing Committees); and

b)      Members agree that the frequency of meetings per annum be arranged in consultation with the Chairman, Deputy Chairman and the Director of Markets & Consumer Protection, in order for them to align this with the anticipated work programme for the year.

Resolution of the Policy and Resources Committee.

The Committee received a resolution of the Policy and Resources Committee, dated 15 December 2016, regarding the appointment of Chairmen to Sub Committees.

The Town Clerk confirmed that, for the Markets Committee, this convention would apply to the appointment of the Reference Sub Committee only.

RESOLVED – That, the Committee note the resolution.

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection providing Members with an update on progress for Period 2 (August-November0 of 2016-17 against key performance indicators (KPIs) and objectives outlined in the Markets’ Business Plan.

The City Surveyor reported that it was hoped that he would be in a position to instruct solicitors within a month regarding the revised terms agreed with advertising hoarding company ClearChannel at Billingsgate. The Committee therefore agreed to further delegated authority for the Town Clerk, in consultation with the Chairman and Deputy Chairman of the Markets Committee, to sign off on this matter. In response to questions, the City Surveyor confirmed that ClearChannel were existing tenants at the Market but were looking for a variation to upgrade their advertising equipment on site.

A Member questioned the better than budget position at the end of November 2016 and how much of this represented genuine savings versus deferring spending in certain areas. The Head of Business Performance reported that, at present, one post was being held vacant which had resulted in a salary saving of approximately £25k per annum. A total of £80k worth of maintenance work had also been delayed to date. It was, however, anticipated that the repairs and maintenance budget would be fully spent by the end of March 2017.

In response to a question regarding cases of long term sickness absence at Smithfield Market, the Head of Business Performance confirmed that the 6 cases referred to took place during either the 1^st or 2^nd reporting period and not over the whole of these two periods.

With regard to the draft Specification for the review of the City’s wholesale markets, the Director informed the Committee that it was expected that the ITT would now be issued to industry

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection providing Members 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.

In response to questions, the Operations and Administration Manager of Smithfield Market reported that the target dates against risks were regularly reviewed. He highlighted that the actions taken against headline risks that were listed were either ongoing or had recently been completed.

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 our operations.

Report of the Director of Markets and Consumer Protection.

The Committee considered a report of the Director of Markets and Consumer Protection concerning the Heavy Good Vehicle (HGV) Unloading Risk at Smithfield Market. The report was initially circulated as a non-public agenda item but, at the Chairman’s request, and taking into account that it related to a red risk on the Markets Committee Risk Register, this was moved to the public agenda.

It was noted that, following the Committee’s interest, the Smithfield Market Tenants’ Association (SMTA) were being more positive in their level of co-operation regarding HGV Unloading – Banksman Activities.

The Operations and Administration Manager reported that the Freight Transport Association (FTA) audits conducted in 2015 and, more recently, in January 2017, had been paid for by the Market. The audit had looked at various aspects and had noted the progress made in certain areas. The full audit report was expected next month but initial feedback, based primarily on the actions developed following the 2015 audit, indicated that there had been some notable improvements with just one or two still left to progress further.

The Chairman requested that the final audit report be circulated to all Members of the Markets Committee via email once received.

RESOLVED – That, the partnership working approach is continued, subject to regular review of progress, and in the context of any further recommendations the FTA may make in the follow up audit.

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection detailing the Gateway 7 Outcome Report for the Pedestrian Segregation Barrier at New Spitalfields Market.

The Chairman, on behalf of the Committee, congratulated the Superintendent of New Spitalfields Market on delivering the project under budget and on time.

A Member questioned whether stating that, with the installation of the barrier, ‘pedestrians could no longer be struck by Fork Lift Trucks or loads carried in these areas’ was overstating the case given that the barrier could always fail. The Chairman suggested that it should be noted that the installation of the barrier had, instead, minimised this possibility as far as is practicable.

RESOLVED – That, Members note the successful result.

Report of the City Surveyor.

The Committee received a report of the City Surveyor detailing the latest position on the City’s trial to increase the operating temperature of Smithfield Market’s Condenser Water Cooling System, which provides cooling to the Market Tenants’ refrigeration equipment.

The Chairman highlighted that the full trial to increase the operating temperature had commenced on 18 October 2016 and not 2015 as stated in the body of the report.

In response to a question regarding the discharge of refrigerant gas referred to within the report and any legal implications this might have, the City Surveyor confirmed that the City, as landlord, will be writing to remind tenants of their responsibilities regarding Health and Safety and the need to comply with relevant regulations, and seeking their assurances their refrigeration equipment is compliant. It was recognised that older equipment used by tenants might not comply with current regulations.

With regard to enforcement, the Comptroller and City Solicitor stated that the City could enforce as landlord and that, ultimately, offending tenants could be made to forfeit their lease.

RESOLVED – That, Members note the contents of the report.

The Chairman, on behalf of the Committee, took this opportunity to formally welcome the new Superintendent of Smithfield Market, Mark Sherlock, to his first Markets Committee meeting.

The Committee received oral updates from each of the Market Superintendents as follows:

Smithfield Market

The new Superintendent provided Members with some information as to his background and previous employment and reported that he was now just three weeks into his new role. He informed Members that he had spent his initial weeks undertaking tours of the market (including night visits) and had also taken time to meet with various tenants and SMTA representatives. In addition, he had met individually with key Officers in the Directorate.

He went on to inform the Committee that recruitment for a new Sergeant and Constable at the market was currently underway with interviews expected to take place in early February 2017.

In response to questions regarding the recruitment process, the Operations and Administration Manager reported that existing market constables were aware that they were able to apply for the role of sergeant and that this should be viewed as an opportunity for progression. This applied across the City Markets as well as within individual Market sites. He confirmed that one existing constable had, indeed, applied for the Sergeant post on this occasion.

Billingsgate Market

The Superintendent confirmed that tenants were going to withdraw their service charge to fund the Seafood School from 1 April 2017. The School were now planning to contact individual tenants regarding future contributions as well as further examining their own budgets. The Deputy Chairman suggested that funding for the Seafood School might be mentioned to those who used the Market for filming/photography free of charge in future, with the suggestion that they might like to make a contribution to this in lieu of

There were no questions.

Retiring Chairman

The Chairman reported that this would be his last meeting in the Chair. He wished to publicly thank all Officers and Members for their hard work, support and guidance throughout his tenure.

The Deputy Chairman, on behalf of the Committee, thanked the Chairman for his service.

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 30 November 2016.

The non-public minutes of the meeting held on 30 November 2016 were considered and approved as a correct record.

Report of the City Surveyor.

The Committee received a report of the City Surveyor detailing the Gateway 7 Outcome Report for the Billingsgate Roof Renewal – Flat Roof.

Report of the City Surveyor.

The Committee received a report of the City Surveyor detailing progress on the Smithfield Poultry Market Major Repairs Project, post Gateway 4.

Joint report of the Chamberlain and the Director of Markets & Consumer Protection (TO FOLLOW).

The Committee considered and approved a late, separately circulated, report of the City Surveyor concerning the contract award for the New Spitalfields Market Waste Collection.

Report of the Director of Markets and Consumer Protection.

The Committee received a report of the Director of Markets and Consumer Protection providing car park data for December 2016 together with a brief analysis of the impact of the concessionary parking tariff.

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 31^st December 2016 from 31 days to 121+ days.

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.

There were no questions raised in the non-public sessions.

There were no urgent, additional items of business for consideration in the non-public session.