Agenda item

Report of the Director of Markets and Consumer Protection.

The Committee considered a report of the Director of Markets and Consumer Protection concerning the significant changes that would be introduced by the Business and Planning Bill 2020 once it received Royal Assent and outlining a new ‘Al Fresco’ Policy aimed at facilitating the introduction of these changes. The following comments were made:

·         Members were advised that the Business and Planning Bill included a range of measures intended to support the economic recovery from the disruption caused by the COVID-19 outbreak in the UK. The measures were intended to encourage the use of outside space where the risks of Covid-19 transmission were lower whilst extending limited internal capacities.

·         A temporary fast-tracked pavement licensing regime was proposed and approved at the Planning & Transportation Committee yesterday; however, the deregulation of off-sales fell under the remit of the Licensing Committee.

·         It was noted that there may be some minor amendments by Officers to the policy as the third reading of the Bill was due on 20 July 2020 in the House of Lords. This included time limiting the off-sales provisions as the current proposal was for the off-sales to run alongside the existing licence irrespective of what time the terminal hour is.

·         The pavement licensing element required urgency as the provisions and off-sales would come into force on the day the Bill was passed. Each application has deemed consent so the City Corporation must be ready with a published policy, conditions, delegated authorities, online applications and payments to quickly accept and consider applications to support its businesses.

·         A Member queried why the proposal was for 3-month licenses and if this was a recommendation of the Government. Members were advised that the 3-month pavement licence period was at the City Corporation’s discretion, but Officers were operating cautiously due to the medieval street patterns of the City and the impact on the City’s highways. It was noted that pedestrian numbers were changing and gradually increasing, and a flexible response was therefore needed in response to the changing City.

·         In response to a queries concerning the potential to grant licences but for all tables and chairs to be removed during the evening rush hour or enforcing an 11pm curfew, Officers confirmed that limiting the evening rush hour was a possibility and was considered as part of detailed assessment criteria put forward by the Deputy Chair of Planning & Transportation Committee. There was also support for a curfew following the mass crowding at Soho when the lockdown was relaxed, and the City would continue to act with caution.

·         A Member stated that the new legislation allowed for licences from now until September 2021, yet licensees would be expected to pay £100 for each 3-month licence. Members felt it was unfair to charge these fees when businesses were already suffering, and it created an extra barrier for licensees to overcome if having to keep renewing this licence. Members were informed that the £100 fee did not cover the Corporation’s administrative costs and this process cost less than the normal tables and chair licence fee.

·         A Member noted that, whilst at the gift of the Planning & Transportation Committee, there were very few areas of the City that could facilitate the increased pavement width requirement from 2.2m to 3.2m. This would have a significant impact on the licensees that had very small premises and made a living on the City’s culture of vertical drinking outside which the report did not address. The Member challenged Officers to think outside the box to create space, e.g. using barrels for groups to socially distance and vertically drink outside.  Officers confirmed that guidelines were published in May to assist premises safely administer takeaways and outside drinking.

·         Responding to queries concerning tables and chairs licences, Officers confirmed that 52 of the existing 132 licences had been deemed safe to reinstate but to date only 5 premises had requested reinstatement.

·         A Member asked how many of the 800+ licensed premises in the City had the curtilage to adhere to the 3.2m pavement requirement. Officers confirmed few adhered to this requirement; however, suitable spaces were being identified across the City for premises to use even if not directly outside the premises in question.

·         Members were surprised by the small number of enquiries for tables and chairs licences and it was suggested that a positive messaging approach be taken by the Corporation by posting a map showing exactly where it was possible as this was not always obvious. Members were advised that there had been continued engagement with groups to share messaging with businesses and communications were being developed to follow implementation of the policy. Members were encouraged to ask their Ward businesses to contact the Licensing Team if they had any queries.

·         Members felt that it was important for them to be able to help and reach out to the businesses in their Wards and a request was made for information on each premises by Ward. Officers agreed to publish a licensing update online to include the pavement scheme.

·         A Member saw this as an opportunity to gather data and observe business performance trends which would help form processes for managing future summers and assist the Committee with future decision making. Officers confirmed that data gathering had started early into the pandemic and the City Activity Levels Bronze group had created a dashboard working across City Corporation departments which Senior Officers in the Gold Recovery From group were feeding into to ensure an evidenced based approach in response to the pandemic.

·         A Member questioned if the Police were equipped to manage the extra street drinking and what the safety conditions were. Members were advised that to date there had been a low footfall in the City and small issues had been dealt with quickly by the Police. Additional resources were put in place following last week’s relaxed lockdown rules and deal with “super Saturday” but this was still relatively quiet compared to normal summer drinking. The Chief Superintendent noted that the Police did not have the enforcement powers to stop people that were not socially distancing but were continuing with engagement methods which to date had been effective.

·         A Member suggested that this was a good weather proposal and would be surprised if many applications for a licence came after November due to the cold weather. Members responded that this was in fact not the case and outside vertical drinking in the City was the norm across all seasons.

·         A Member was concerned about tables and chairs at Leadenhall Market as Luc’s was turned down for a licence, but it would be impossible for them to open if did not have this facility. Members were advised that pavement licences were for use in public highways and Leadenhall Market was private land.

·         In response to a query asking if businesses had been engaged about the proposed 3-month licence or asked for longer licences, Officers stated that they had not engaged but that businesses would likely want longer. Members felt the length 3-month length of licences and current fee structure urgently needed revisiting. A Member voiced concern that the issues were not properly scrutinised at yesterday’s Planning & Transportation Committee due to the length of the meeting and lateness of the item of the agenda. 

·         A Member supported the principle of supporting businesses with caution and enquired what the rest of London was doing. Members were informed that the City Corporation was engaging with the London Nextstart Group looking at charges and the GLA’s Reopening High Streets Task Force. Following yesterday’s Planning & Transportation Committee, Officers had already shared their work to ensure consistency across London.

·         It was noted that adjoining and neighbouring premises were different by definition, and that Officers needed to be clear on the distinction when deciphering the legislation.

·         Members acknowledged that the City Corporation would take a hit of £80 for administering each licence but did not support charging applicants for a new licence every three months as this was against the spirit of helping licensed premises reopen. A Member stated that the Director had a duty to work within the Local Risk Budget to assist and it was noted that £0.5m was saved last year in underspend which could potentially be used to support premises.

·         Members favoured a one-off £100 charge for a licence until September 2021 but supported a minimum licence of 6 months plus the implementation of a condition to suspend the licence at any time if there were any safety concerns. This would save Officer time and save struggling applicants the cost of multiple fees. The Director of Markets and Consumer Protection agreed to revisit the issues identified by the Committee but highlighted that the decision ultimately fell under the remit of the Planning & Transportation Committee.

RESOLVED – That:-

·         An urgent resolution be made to the Planning & Transportation Committee requesting a review of the proposed 3-month Pavement Licence period and the fee of £100 for a Pavement Licence application;

·         The Town Clerk, in consultation Chairman and Deputy Chairman, be given delegated authority to make decisions on behalf of the Licensing Committee relating to the Al Fresco Policy;

·         To agree the Al Fresco Eating and Drinking (Business and Planning Act 2020) Policy produced as Appendix 1 to this report subject to changes following consideration of the issues identified by the Licensing Committee;

·         Note the need for an urgency report once the Bill receives Royal Assent to grant delegated authority to the Director of Markets and Consumer Protection.