Agenda and minutes

Venue: Committee Room - 2nd Floor West Wing, Guildhall. View directions

Contact: Gemma Stokley
tel. no.: 020 7332 1407  Email: gemma.stokley@cityoflondon.gov.uk

Items
No. Item

1.

Apologies

Minutes:

Apologies for absence were received from Keith Bottomley.

 

 ...  view the full minutes text for item 1.

2.

Members' declarations under the Code of Conduct in respect of items on the agenda

Minutes:

 

 

There were no declarations.

 ...  view the full minutes text for item 2.

3.

ORDER OF THE COURT OF COMMON COUNCIL pdf icon PDF 77 KB

To receive the Order of the Court of Common Council, 27 April 2017, appointing the

Committee and approving its Terms of Reference (TO FOLLOW).

 ...  view the full agenda text for item 3.

Minutes:

The Town Clerk highlighted that there were still two vacancies on the Committee which would be re-advertised to all Members at the next Court of Common Council meeting later this month.

 

The Town Clerk went on to highlight that, paragraph 4. (b) of the Committee’s Terms of Reference had now been amended in accordance with the views expressed by the Committee toward the end of 2016 and now read that this Committee acted ‘jointly’ with the Port Health and Environmental Services Committee and the Markets Committee on the appointment of the Director of Markets and Consumer Protection. The same wording had also been applied to the Terms of Reference of these two other Committees.

 

RESOLVED – That the Order of the Court of Common Council, of 27 April 2017 (tabled), appointing the Committee and approving its Terms of Reference, be noted.

 

 ...  view the full minutes text for item 3.

4.

ELECTION OF CHAIRMAN

To elect a Chairman in accordance with Standing Order no. 29.

 ...  view the full agenda text for item 4.

Minutes:

The Committee proceeded to elect a Chairman in accordance with Standing Order No. 29.

 

The Town Clerk read out a list of Members eligible to stand as Chairman. Peter Dunphy, being the only Member indicating his willingness to stand as Chairman, was duly elected for the ensuing year.

 

Mr Dunphy thanked the Committee for their continued support. He went on to pay tribute to those Members who were not returned to the Court of Common Council or to this Committee following the City elections in March 2017. On behalf of the Committee, the Chairman thanked Deputy John Barker, Alex Bain-Stewart and Chris Punter for their many years of service and reported that he hoped that all three would be able to join the Committee at their Annual Dinner in July 2017.

 

Finally, the Chairman welcomed Mary Durcan to her first Licensing Committee meeting following her successful election as a Common Councilman in March 2017 and subsequent appointment to this body.

 

 ...  view the full minutes text for item 4.

5.

ELECTION OF DEPUTY CHAIRMAN

To elect a Deputy Chairman in accordance with Standing Order no. 30

 ...  view the full agenda text for item 5.

Minutes:

The Committee proceeded to elect a Deputy Chairman in accordance with Standing Order No. 30.

 

The Town Clerk read out a list of Members eligible to stand as Deputy Chairman. Sophie Fernandes, being the only Member indicating her willingness to stand as Deputy Chairman, was duly elected for the ensuing year.

 

 

 

 

 ...  view the full minutes text for item 5.

6.

APPOINTMENT OF SUB COMMITTEE CHAIRMEN AND REFERENCE SUB COMMITTEE

To appoint four Members, in addition to the Chairman, Deputy Chairman and Past

Grand Committee Chairmen, to chair Licensing (Hearing) Sub Committee meetings

and serve on the Reference Sub Committee, for the ensuing year.

 ...  view the full agenda text for item 6.

Minutes:

The Committee proceeded to appoint four Licensing (Hearing) Sub Committee Chairmen for the ensuing year, in addition to the current Chairman and Deputy Chairman and Past Grand Committee Chairmen.

 

The following five Members declared a willingness to serve on the Reference Sub Committee and to serve as Sub Committee Chairmen:

 

Christopher Hayward

Deputy Jamie Ingham Clark

Michael Hudson

Graham Packham

James Tumbridge

 

Christopher Hayward subsequently withdrew and a ballot was therefore not required.

 

RESOLVED – That the Licensing (Hearing) Sub Committee Chairmen and the

Reference Sub Committee for 2017/18 comprise of the following Members:

 

  • Peter Dunphy (Chairman)
  • Sophie Fernandes (Deputy Chairman)
  • Kevin Everett (Past Grand Committee Chairman)
  • Marianne Fredericks (Past Grand Committee Chairman)
  • Michael Hudson
  • Deputy Jamie Ingham-Clark
  • Graham Packham
  • James Tumbridge

 

 ...  view the full minutes text for item 6.

7.

Public Minutes pdf icon PDF 230 KB

To agree the public minutes of the meeting held on 1 February 2017.

 

 ...  view the full agenda text for item 7.

Minutes:

The public minutes of the meeting held on 1 February 2017 were considered and approved as a correct record.

 ...  view the full minutes text for item 7.

8.

MINUTES OF LICENSING HEARING (SUB)

Minutes:

8a

Louie's Bar - TEN pdf icon PDF 210 KB

To receive the public minutes of the meeting regarding the Temporary Event Notice application for  ‘Louie’s Bar’, 1 Fore Street, London, 46 Moorgate, EC2R 6EL’ held on 24 April 2017 (TO FOLLOW).

 ...  view the full agenda text for item 8a

Minutes:

The Committee received the public minutes and decision notice (tabled) of the hearing regarding the Temporary Event Notice application for ‘Louie’s Bar’, 46 Moorgate, London, EC2R 6EL, held on 24 April 2017.

 

The Chairman explained that it was quite rare for a hearing to take place in regard to a Temporary Event Notice (TEN). On this occasion, an objection submitted by the City of London Police had led to the need for a hearing, at which the application for a TEN was rejected for the reasons outlined within the minutes and decision letter (tabled).

In response to a question, the Licensing Manager reported that he was yet to receive an application for a full licence from this applicant.

 

RECEIVED.

 ...  view the full minutes text for item 8a

8b

Cannon Green House pdf icon PDF 300 KB

To receive the public minutes of the meeting regarding ‘Cannon Green House’, 27 Bush Lane, London, EC4R 0AA’ held on 26 April 2017 (TO FOLLOW).

 ...  view the full agenda text for item 8b

Additional documents:

Minutes:

The Committee received the public minutes and decision notice (tabled) of the hearing regarding ‘Cannon Green House’ 27 Bush Lane, London, EC4R 0AA held on 26 April 2017.

 

The Town Clerk reported that the decision letter with regard to this hearing was set to be issued to all parties tomorrow morning – thereafter, the 21 day appeal period would commence. The Member who had served as Chairman for this hearing reported that she had already been informed that those making representations may look to appeal the decision to grant the new licence. She stated, however, that she was confident in the decision taken and the clear reasons given for this by the Sub Committee in their decision letter.

 

RECEIVED.

 ...  view the full minutes text for item 8b

9.

Appeals against Licensing (Hearing) Sub Committee Decisions

The Comptroller and City Solicitor to be heard.

 ...  view the full agenda text for item 9.

Minutes:

The Comptroller and City Solicitor reported that there had been no appeals since the Committee’s last meeting in February 2017.

 ...  view the full minutes text for item 9.

10.

Appointment of Sub-Committee Chairmen pdf icon PDF 75 KB

Resolution of the Policy and Resources Committee.

 ...  view the full agenda text for item 10.

Additional documents:

Minutes:

The Committee received a resolution of the Policy and Resources Committee concerning the appointment of Sub Committee Chairmen.

 

The Town Clerk reminded the Committee that they had previously received a resolution of the Policy and Resources Committee on this same matter but that they, along with a number of other Grand Committees, had chosen to refer the matter back and seek greater clarity on what was being proposed.  A new resolution and accompanying report was therefore being re-circulated to all relevant Grand Committees to provide clearer guidance on this matter.

           

The Chairman reminded Members that, for this Committee, there were already very distinct and statutory rules in place regarding the appointment of a Sub Committee.

 

A Member commented that this had been discussed at length at the most recent Informal Members’ Meeting and was really just a means of clarifying the status quo.

 

RECEIVED.

 ...  view the full minutes text for item 10.

11.

Charity Collections Terms of Reference pdf icon PDF 92 KB

Report of the Director of Markets and Consumer Protection.

 ...  view the full agenda text for item 11.

Minutes:

The Committee considered a report of the Director of Markets and Consumer Protection relating to street charity collections within the Committee’s Terms of Reference.

 

The Chairman highlighted that the transfer of this area of responsibility to the Licensing Committee had previously been agreed by the Port Health and Environmental Services Committee in 2006 but had not been followed through with the relevant recommendation to the Court of Common Council to formalise the new arrangements.

 

Members were informed that, should they be supportive of actioning this, the Port Health and Environmental Services Committee would consider the same recommendations at their meeting next week. The Licensing Manager stated that he had already discussed this matter with the Chairman and Deputy Chairman of the Port Health and Environmental Services Committee who had not had any objection to progressing this transfer of responsibilities.

 

RESOLVED – That, the Licensing Committee (subject to the agreement of the Port Health and Environmental Services Committee and the concurrence of the Court of Common Council) agree to the terms of reference of the Licensing Committee being amended to include The Police, Factories and (Miscellaneous Provisions) Act 2016.

 ...  view the full minutes text for item 11.

12.

Departmental Business Plan: Markets and Consumer Protection, Licensing Service pdf icon PDF 101 KB

Report of the Director of Markets and Consumer Protection.

 ...  view the full agenda text for item 12.

Additional documents:

Minutes:

The Committee considered a report of the Director of Markets and Consumer Protection presenting the business plans for 2017/18 for the Department of Markets and Consumer Protection.

 

The Director highlighted that, in addition to the detailled Licensing Service business plan which Members would already be familiar with, all Committees were also being presented with a high-level overview of the departmental business plan for the first time this year.

 

A Member referred to the three headline ‘Ambitions’ set out within the Licensing Business Plan 2017-2020 and stated that he was disappointed to see that these were all internally focused. He commented that it would be useful to have some sort of outcome attached to the ambitions and stated that he had made this point in relation to previous Business Plans presented to the Committee. The Director responded by stating that he felt that the first ambition set out within the Plan (to provide  the fastest turnaround of uncontested applications of all London Licensing Authorities) was very clearly customer focused and based on outcome. He welcomed any detailled suggestions/wording that the Member might be able to propose to make this clearer.

 

In response to a question regarding how Members might be kept informed of progress against those issues raised within the Business Plan, the Director stated that he would expect to report back to this Committee on a quarterly basis on this matter.

 

A Member questioned progress against Performance Indicator 3 (PI3) within the report regarding applications for the annual Safety Thirst Award Scheme and enquired as to progress made against this PI to date. The Licensing Manager reported that a total of 400 premises had been targeted for applications this year. With regard to the number of premises successfully receiving a reward, the Licensing Manager reported that the aim was

 ...  view the full minutes text for item 12.

13.

DELEGATED DECISIONS OF THE DIRECTOR OF MARKETS AND CONSUMER PROTECTION PERTAINING TO PREMISES LICENCES pdf icon PDF 94 KB

Report of the Director of Markets and Consumer Protection.

 

N.B. This Item is to be read in conjunction with the appendix at Item No. 19.

 ...  view the full agenda text for item 13.

Additional documents:

Minutes:

The Committee received a report of the Director of Markets and Consumer Protection detailling the premises licences, and variations to premises licences, granted under the Licensing Act 2003 by the Licensing Service from 1 January 2017 to 31 March 2017.

 

RESOLVED – That Members note the report.

 ...  view the full minutes text for item 13.

14.

Review of Safety Thirst Scheme pdf icon PDF 154 KB

Report of the Director of Markets and Consumer Protection.

 ...  view the full agenda text for item 14.

Additional documents:

Minutes:

The Committee received a report of the Director of Markets and Consumer Protection reviewing the Safety Thirst Scheme.

 

The Licensing Manager stated that Officers had been tasked with looking into the different schemes available to them. This report compared the City’s existing Safety Thirst Scheme with the Best Bar None Scheme. He reported that Licensing Officers had met with the organisation on a number of occasions and that they appeared to be very keen to have the City on board. However, following discussions with stakeholders, it had become clear that the vast majority viewed the Safety Thirst Scheme favourably and liked the fact that this was unique to the City. For this reason and a number of others, as set out within the direct comparison between Safety Thirst and Best Bar None detailled within Appendix 2, it was not felt appropriate to change the City’s existing Scheme at this time.

 

The Licensing Manager went on to report that this would be kept under review and that, in the meantime, he would be seeking third party support for the Safety Thirst Scheme.

 

RESOLVED – That Members note the report.

 ...  view the full minutes text for item 14.

15.

Questions on matters relating to the work of the Committee

Minutes:

Busking

A Member raised an issue regarding busking within the City and questioned what control Officers had over this. The Licensing Manager reported that, to an extent, this sat with Port Health and Environmental Services. He clarified that, if buskers were causing noise disturbance, this could be tackled by Environmental Health Officers. They could also be causing an offence if they were obstructing the highway or conducting illegal street collections which would be an issue that Licensing Officers could address.

 

The Licensing Manager went on to report that any individual collection money in the City was required to seek a licence/permit for this that was issued by the City’s Licensing Team.

 

Finally, the Licensing Manager reported that he had received three complaints about a Piper in the City in recent months. On each occasion, Officers had been deployed but had been unable to locate the offender.

 

 ...  view the full minutes text for item 15.

16.

Any other business that the Chairman considers urgent pdf icon PDF 369 KB

Minutes:

House of Lords Select Committee on the Licensing Act 2003

The Licensing Manager tabled a summary of conclusions and recommendations from the House of Lords Select Committee on the Licensing Act 2003. He highlighted that this was intended to be for information only at this stage and that the House of Lords Select Committee was entirely advisory to the House of Commons.

 

The Licensing Manager drew Members’ attention to the principal proposals that would directly affect this Committee should they be approved. The main proposal related to the merging of Licensing Committees and their functions into Planning Committees. The consideration of any appeals from licensing authorities would also lie with the planning inspectorate as opposed to magistrates’ courts.

 

The Training of Licensing Committee Members would become obligatory under the new proposals – something that the City had always adopted in practice. The Chairman added that all new Committee Members would receive adequate Licensing training in the near future, shortly after the May Court of Common Council meeting where it was hoped that the remaining two vacancies on the Committee would be filled.

 

The Chairman went on to highlight further significant changes proposed within the summary – one of these being that Licensing Authorities would also be given the power to object to Temporary Event Notice applications alongside the Police and Environmental Health Officers. A further significant proposal for the City was the suggested abolition of the Late Night Levy.

 

In response to questions, the Licensing Manager stated that he assumed that the Remembrancer would be monitoring the progress of this matter through Parliament. He undertook to keep the Licensing Committee informed on this.

 

A Member commented that it was well acknowledged that these proposals were likely to attract a significant number of political representations. She went on to state that

 ...  view the full minutes text for item 16.

17.

EXCLUSION OF THE PUBLIC

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.

 ...  view the full agenda text for item 17.

Minutes:

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 Part I of Schedule 12A of the Local Government Act.

 

                        Item No(s).                                         Paragraph No(s).

                             18                                                          1, 2 & 3

                         19 & 20                                                           1

 ...  view the full minutes text for item 17.

18.

NON-PUBLIC MINUTES

To agree the non-public minutes of the meeting held on 1 February 2017.

 ...  view the full agenda text for item 18.

Minutes:

The non-public minutes of the meeting held on 1 February 2017 were considered and approved as a correct record.

 ...  view the full minutes text for item 18.

19.

DELEGATED DECISIONS OF THE DIRECTOR OF MARKETS AND CONSUMER PROTECTION PERTAINING TO PREMISES LICENCES - NON-PUBLIC APPENDIX

Non-public appendix to be read in conjunction with Item No.13.

 ...  view the full agenda text for item 19.

Minutes:

The Committee received a non-public appendix to Item 13 on the agenda providing Members with details of those premises obtaining sufficient points on the Risk Scheme to reach red or amber for the period 1 September 2016 – 28 February 2017.

 ...  view the full minutes text for item 19.

20.

Violent Crime From Licensed Premises

Report of the City of London Police.

 ...  view the full agenda text for item 20.

Minutes:

The Committee received a report from the City of London Police updating Members on issues of Violent Crime from licensed premises within the City.

 ...  view the full minutes text for item 20.

21.

NON PUBLIC QUESTIONS RELATING TO THE WORK OF THE COMMITTEE

Minutes:

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

 ...  view the full minutes text for item 21.

22.

ANY OTHER BUSINESS THAT THE CHAIRMAN CONSIDERS URGENT AND WHICH THE COMMITTEE AGREE SHOULD BE CONSIDERED WHILST THE PUBLIC ARE EXCLUDED

Minutes:

Members were provided with additional information on this year’s Annual Committee Dinner.

 ...  view the full minutes text for item 22.