Agenda and minutes

No apologies were received.

There were no declarations.

To agree the public minutes of the meeting held on XXX.

The public minutes of the meeting held on 4 July 2018 were approved as a correct record.

Matters arising

A Member highlighted the previous request of the Committee that large reports that have changed and require additional consultation should show track changes from the original document so that Members can clearly see what has changed and provide focused feedback. Members agreed that changes should also be explained in the covering report. Members were advised that this was not always simple when a document had multiple authormanship but Senior Officers agreed to continue to find a solution to resolve this issue.

The Committee were advised that this hearing was cancelled as the applicant

withdrew their application.

To receive the public minutes of the meeting regarding the application for Dion, Unit 6, Pasternoster Square, 65 St Paul’s Churchyard, London, E1 7AW on 23 July 2018.

The Committee noted the public minutes of the hearing regarding the licensing application for Dion on 23 July 2018.

To receive the public minutes of the meeting regarding the application for Gremio de London Ltd, 26A Savage Gardens, EC3N 2AR on 24 July 2018.

The Committee noted the public minutes of the hearing regarding the licensing review for Gremio de London Ltd on 24 July 2018.

To receive the public minutes of the meeting regarding the application for Wright & Bell Ltd, Unit 10 Barts Square, West Smithfield, EC1A 9DS on 26 July 2018.

To receive the public minutes of the meeting regarding the application for BrewDog, Unit 3, The Minister Building, EC3R 5EA on 31 July 2018.

The Committee noted the public minutes of the hearing regarding the variation application for BrewDog Retail Ltd on 31 July 2018.

To receive the public minutes of the meeting regarding the application for Stem & Glory, 60 Bartholomew Close, EC1A 7BF on 2 October 2018.

The Committee were advised that the decision notice of the hearing regarding the licensing application for Stem & Glory had been sent to all relevant parties, but the public minutes had not yet been finalised. The Town Clerk agreed to circulate the

minutes to Members when they were signed off.

To receive the public minutes of the meeting regarding the application for WW Devonshire Ltd, Outside Courtyards, Devonshire, Square, EC2M 4YF on 11 October 2018.

The Committee were advised that the decision notice of the hearing regarding the licensing application for WW Devonshire Ltd had been sent to all relevant parties, but the public minutes had not yet been finalised. The Town Clerk agreed to circulate the minutes to Members when they were signed off.

The Comptroller and City Solicitor to be heard.

The Comptroller & City Solicitor advised the Committee that there were currently two appeals against licensing hearing Sub Committee decisions for BrewDog Retail Ltd and Gremio de London Ltd.

The Committee were advised an appeal hearing for BrewDog had been set for 8 November 2018 and would be heard at the Hendon Magistrates Court. The Comptroller & City Solicitor advised that BrewDog had served its evidence and the City of London Corporation would serve its evidence that afternoon. It was noted that an informal settlement request had been made by BrewDog. Mr Packham requested to attend the BrewDog hearing.  

The Committee were advised a two-day appeal hearing for Gremio de London Ltd had been set for 10-11 December 2018 and would be heard at the Hendon Magistrates Court. The Comptroller & City Solicitor advised that Gremio de London Ltd had yet to submit any evidence, but the City of London Corporation had received a proposal from Gremio de London Ltd who were seeking to settle out of court.

Report of the Director of Markets and Consumer Protection.

*There is a non-public appendix at Item No.13.

The Committee considered a report of the Director of Markets and Consumer Protection seeking to clarify the guidance the Licensing Authority provides in

relation to the requirement to advertise an application for a premises licence in a ‘local newspaper’ under section 17 (5) of the Licensing Act 2003 and Regulation 25 of the Licensing Act 2003 (Premises and Club Certificates) Regulations 2005. The following comments were made:

·         Members were advised that a review of the guidance was motivated by regular queries from applicants.

·         It was noted that there were five newspapers with regular circulations within the City of London (The London Evening Standard, The Metro, City AM, City Matters and The Islington Tribune); however, these could be assessed in relation to their suitability.

·         The Comptroller & City Solicitor confirmed that from a legal position, the Corporation was not obliged to provide an approved list and simply had to be satisfied that an advert had been adequately publicised in the vicinity of the premises. The responsibility to advertise licensing applications correctly was therefore on the applicant.   

·         Members discussed whether City Matters, which is published fortnightly, and particularly The Islington Tribune, which is published weekly on a Friday and was not specifically City based, were adequate newspapers in which to advertise licensing applications. Some Members felt that they should be removed from the list altogether as even the potential option to use them gave applicants potential for mistake.

·         Some Members were uncomfortable removing two newspapers from the list which could be considered appropriate albeit not on all occasions. A Member felt that there was no gain from being minimalistic and suggested changing the wording to highlight the three most widely publicised newspapers as the preferred choices.  

·         It was highlighted that the wording stated that “the City of London recognises the following as being

Report of the Director of Markets and Consumer Protection.

The Committee considered a report of the Director of Markets and Consumer

Protection regarding the review of Statement of Licensing Principles in line with

the Gambling Act 2005.

The Chairman advised that this updated report incorporated the suggestions made at the last Committee meeting.

RESOLVED – That Members:-

·         Agree the draft Statement of Licensing Principles (Appendix 1), The Gambling Local Area Profile (Appendix 2) and the Guidance on Undertaking Local Gambling Risk Assessments (Appendix 3);

·         Agree the time table and methodology to determine the final text and adoption of the Statement of Licensing Principles as stated in paragraphs 11 to 16.

Report of the Director of Markets and Consumer Protection.

The Committee considered a report of the Director of Markets and Consumer

Protection regarding the delegated decisions of the Director of Markets and

Consumer Protection pertaining to premises licences.

Members were advised that the report detailed the premises licences, and variations to premises licences, granted under the Licensing Act 2003 by the Licensing Service from 26 June 2018 to 30 September 2018. It also provided a summary of the enforcement action taken under the Licensing Act 2003 between 26 June 2018 to 30 September 2018.

RECEIVED.

The Strategic Transportation Group Manager to be heard. 

The Committee considered Proposal 17 of the Draft Transport Strategy and Local Plan.

The Chairman advised that Proposal 17: Keep pavements free of obstruction was relevant to the Corporation as a Licensing Authority and that the larger piece of work would go to the Planning and Transport Committee next week.

The Comptroller & City Solicitor explained that the Licensing Authority was governed by the four licensing principles set out in the Licensing Act 2003 but only the two objectives concerning public nuisance and public safety were relevant. The Chairman added that they had little control regarding keeping pavements clear unless the condition preventing the sale of alcohol in unsealed containers for consumption off the premises (MC18) was a condition of the license.

In response to a query regarding grandfathering rights and why some premises were allowed to use outside public space and some were not, the Comptroller & City Solicitor confirmed that the Local Authorities Act changed in 2003 but that it still legally recognised all of the historic licensing applications from before the Act.

A Member felt that this proposal demonstrated that the Transport and Highways Authority had significant control, power and legal responsibility and therefore should be scrutinising licensing applications. Members agreed that information from the Transport and Highways Authority, e.g. the width of public pavements, would be helpful to the Sub Committee when considering applications as applicants often applied for licensing approval before obtaining a tables and chairs license.

A Member stated that many public pavements in the City were completely overrun by people standing outside a premises and felt this was a public safety issue. The Member claimed that busy streets required a greater width to factor in busy roads, bus stops, etc. The Chairman stated that each case needed to be taken on its own merits.

A

Report of the City of London Police.

The Committee considered a report of the City of London Police regarding violent crime from licensed premises during the period 19 June to 31 August 2018. The following comments were made:

·         Members were advised that Members were advised that the report covered a period of 72 days whereby there were 48 violent offences. During this period, a total of 163 promoted events were held at City premises and one crime occurred during a promoted event.

·         It was noted that of the two red premises listed on the traffic light scheme, one was a new premises which was receiving assistance from the British Transport Police and the other premises did not sell alcohol.

·         A Member noted the previous request that previous data be provided to Members in tabular form.

·         In response to a query regarding alcohol related crime in the City, Members were advised that crime at licensed premises was low, but alcohol related crime had increased since last year. Members agreed that short, medium and long-term data was needed to show trends. Inspector Peacock confirmed that the COL Police could produce the data for comparisons. 

·         A Member wondered whether learning from the active move to lower crimes from promoted events could be transferred to bring down crime at licensed premises. Members were advised that the COL Police actively work with premises developing action plans which are monitored and adjusted when necessary. It was noted that the COL Police hold regular forums to provide videos on tactics and de-escalation for managing drunk patrons which are well attended.

RECEIVED.

There was one question:

Tables and Chairs Licenses

A Member stated that the message to the Transport & Highways Authority needed to be strengthened regarding applicants obtaining a Tables and Chairs License prior to obtaining licensing approval. The Director of Markets agreed to share this message from the Committee.

The Chairman raised one item that he considered urgent.

Licensing Inspector Review

The Committee received a report of the City of London Police regarding the Licensing Inspector Review. The following comments were made:

·         Members were advised that the role of the Licensing Inspector within the City of London Police was removed as part of the Transform Programme of Change and in line with the force’s determination to realign itself to nationally recommended rank-ratio distribution. Currently the force is a significant outlier in terms of a high number of inspectors compared to sergeants.

·         The responsibilities of the Licensing Inspector have therefore been passed to the Communities’ Inspector for them to carry out in addition to their existing responsibilities. Due to issues arising from the lack of direct management of the team and no direct single point of contact for managers within the Corporation to have direct and timely liaison with in the Licensing offices at Walbrook Wharf, it was recommended that the Licensing Inspector post be reinstated, and endorsement given for the post to be funded via the Late Night Levy.

·         It was noted that this recommendation would put pressure on the Levy but the Licensing Inspector post would deliver even more for the investment. It was agreed that context was needed regarding providing details of what the Levy is being used for, what could be lost and what surplus was available. It was noted that licensing only covered 30% of the Levy whereas the Police covered 70%. 

·         A Member queried if there were sufficient funds available and what would be lost if the monies were spent to fund this post.

·         In response to a query regarding the post being an Inspector rather than a Surgent, members were advised that being an Inspector gave rank and was a fixed salary

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.

To agree the non-public minutes of the meeting held on 4 July 2018.

The non-public minutes of the meeting held on 4 July 2018 were approved as

a correct record.

Non-public appendix to be read in conjunction with Item No.7.

The Committee received a report of the Strategic Transportation Group Manager detailing advertising applications for premises licences in a local newspaper, as per the requirements of the Licensing Act 2003.

There were no questions.

The Chairman raised one urgent item.