Agenda and minutes

In response to questions from Members regarding the meeting taking place as a formal decision making meeting, Officers advised that the Court of Common Council had agreed arrangements to continue with informal hybrid meetings and decisions signed off by the appropriate Chief Officer once the will of the Committee is known.

Although it would be possible to hold an in person meeting with decisions made at the meeting if there is a quorum present, the Markets Committee is bound to follow the process agreed by the Court on 15 April 2021.  In addition, having advertised the meeting as an informal hybrid meeting, with formal decisions to be taken through delegated officer approval, it would not be appropriate to change it to a formal meeting.

Apologies were received from Simon Duckworth, Alderman Alison Gowman, Wendy Mead, Deputy Henry Jones, Angus Knowles-Cutler and Deputy Philip Woodhouse.

There were no declarations.

To agree the public minutes of the meeting held on 7th July 2021.

RESOLVED – That the public minutes of the meeting held on 7 July 2021 be approved as a correct record.

Report of the Town Clerk.

The Committee considered a report of the Town Clerk tracking progress on actions outstanding from previous meetings.  A Member suggested that timelines be included in future reports and this was supported by the Committee.

RESOLVED –

1.    That the report be noted.

2.    That future reports include timelines for completion of outstanding actions.

The Superintendents to be heard.

The Committee heard oral updates from the Markets Superintendents on the matters set out below

New Spitalfields

Trade - Vehicle numbers had increased by 2.5% for June to August 2021 compared to the same period in 2020. This reflected an increase of 8.5% compared to March to May 2021. More people were visiting the market which was especially busy on Thursdays, Fridays, and before and after bank holidays.

Brexit - There was no significant impact to date.  However, a few traders were experiencing a 1-2 day delay in receiving deliveries.  An average of 3,500 HGV deliveries were made each month between April and August 2021 which was an increase of 16% compared to deliveries for the previous 5 months.  Officers flagged that despite the increase in HGV deliveries, the shortage of HGV drivers was a risk to trade.

COVID-19 - Signage was being updated recommending the continued wearing of face coverings and social distancing.

Rental of empty catering units - There was a list of prospective tenants and an update from the agents was awaited.

Climate action policy -The forthcoming Markets Committee tour on 22 September 2021 would incorporate a visit to the waste compound and City Harvest so Members could see the positive work done in terms of no landfill waste and diverting food waste.

Smithfield

Trade – Trade continued to recover but some traders were not able to recruit staff.

Protests - Climate Change protests had taken place with minimal impact on traders and emergency plans and risk assessments had been refreshed as necessary.

Food Business Audit – The Biennial food business had taken place and the market had been ranked as good which was the highest possible rating.

HGV Audit – the recent audit had been positive and there had been a marked improvement in compliance.

Report of the Markets Director.

The Committee considered a report of the Markets Director providing an update on progress made during Period 1 (April-July) of 2021/22 against the Key Performance Indicators (KPIs) and key improvement objectives outlined in the Markets’ Business Plan 2021/22.

In response to observations and questions from Members, Officers advised that debts were high at Smithfield Market due to an embargo on lease forfeitures until 25th March 2022.  However, Officers were taking all possible measures to recover outstanding debt in line with the agreed debt recovery strategy.  Debt repayments plans were being negotiated and debt was gradually reducing.

A Member who was a trader at Smithfield Market reported that the closure of hotels and restaurants during lockdown had impacted on the cashflow of businesses and this was exacerbated by suppliers requesting earlier settlement of bills. 

RESOLVED – That the report be noted.

Report of the Director of Markets & Consumer Protection.

The Committee considered a report of the Markets Director providing assurances that satisfactory risk management procedures are in place which meet the requirements of the corporate Risk Management Framework.

The Chairman suggested that business as usual risks were removed from future reports so that the Committee could focus on any risks reported on an exception basis or instances where risk ratings had changed significantly.

Members were concerned that hygiene risks were not reflected in the report and also Climate Action Strategy targets were not included.  In response, Officers stated that hygiene managements arrangements varied across markets and there was work to do to achieve full compliance.  Officers were happy to prepare a report on hygiene risks across all three markets for a future meeting.

RESOLVED –

1. That the report be noted.
   
   
2. That full risk updates be provided twice yearly and at other times, risk reporting should be on an exception basis/where risk ratings had changed significantly.
   
   
3. That Officers present a report on hygiene risks across all three markets to a future meeting.

Report of the City Surveyor.

The Committee considered a report of the City Surveyor outlining works necessary to keep the wholesale markets operational.  In presenting the report, Officers advised that the report at item 16a on the agenda for this meeting had been considered by the Projects Sub Committee and concerns had been raised in respect of funding.  Officers stated that the Committee would have to make annual bids and prioritise works. On the whole the markets were in a satisfactory condition and operational risks were managed.  However significant investment would be required in the medium term and the Committee would have to consider what works were desirable/essential.

Members were concerned that the report had no clear recommendations and requested clarification on what works were deemed necessary so that only essential works were undertaken to minimise expenditure on sites which would become vacant when markets were relocated.

A Member suggested that works at Smithfield Market should be prioritised as these building was listed but only essential works should be undertaken.  Concerns were also raised in respect of the CoL breaching its legal obligations by failing to maintain Smithfield Market in a reasonable state of repair.

On balance, Members were generally supportive of the report as the first step in the process of identifying and prioritising works, some of which had been outstanding for many years.

In response to observations and questions from Members, Officers advised that further reports would be presented seeking the views of traders and the Committee on how works would be prioritised and funded to ensure that the markets remained operational until they were relocated to the new site.

A member suggested that the recommendation in the report be amended and the revised recommendations as set out below were agreed unanimously.

RESOLVED –

1.    That the report be noted
.

2.    That

Report of the City Surveyor.

The Committee considered a report of the City Surveyor requesting approval of measures to increase delivery capacity at Billingsgate Market.  In presenting the report, Officers advised that a pedestrian was recently injured by a forklift truck making a delivery and the forklift driver had been suspended. Officers also highlighted that current fish handling facilities were not adequate to accommodate deliveries.

RESOLVED – That the Committee

1.    Agrees that £15,000 of the previously approved budget of £32,000 is released and supplemented by a further budget of £77,000 for consultancy fees to allow options analysis and works to be tendered;

2.    Approves a revised project budget of £92,000(excluding risk);

3.    Note the total estimated cost of the project at £1,411,000(excluding risk);

4.    Agree that a Costed Risk Provision of £5,000is approved (to be drawn down via delegation to Chief Officer).

5.    Agree that a further options evaluation report is prepared following stakeholder consultation and costing to recommend preferred options.

Report of the City Surveyor.

The Committee considered a report of the City Surveyor regarding the replacement of CCTV to enhance security at Billingsgate Market.

RESOLVED – That 

1.    A budget of £11,000 for staff and consultancy fees to reach the next Gateway be approved.

2.    The anticipated total estimated project cost of £245,000 (£340,000 including risk) be noted.

There were no questions.

There were no urgent items.

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 7th July 2021.

The non-public minutes of the meeting held on 7 July 2021 were approved as a correct record.

The Superintendents to be heard.

The Committee heard non-public oral updates from the Markets Superintendents.

Report of the Markets Director.

The Committee considered a report of the Markets Director seeking to terminate the East Quay 2 lease.

Joint report of the Director of Markets and the City Surveyor.

The Committee considered a joint report of the Markets Director and the City Surveyor regarding an action plan for a programme of works for Billingsgate Market.

Joint report of the Director of Markets and the City Surveyor.

The Committee considered a joint report of the Markets Director and the City Surveyor regarding proposals to address longstanding issues with condensation to the cold store roof.

Report of the Director of Markets & Consumer Protection.

The Committee considered a report of the Markets Director seeking approval for additional floorspace for City Harvest.

Report of the Director of Markets.

The Committee considered a report of the Markets Director regarding arrears of invoiced income for the wholesale markets.

There were no questions.

There were no urgent items.

In response to questions from Greg Lawrence and other Members regarding Mr Lawrence’s participation in the meeting during consideration of confidential business, Officers reiterated previous advice that it is open to the Corporation, through the Town Clerk, Chairman or Committee to deny Mr Lawrence access to documents in circumstances where it is reasonable to conclude that Mr Lawrence should not participate under the Principles of Public Life and/or where the Corporation’s legitimate interests are put at risk.  

In this instance, sharing confidential Markets Co-location related reports with Mr Lawrence would be likely to prejudice the Corporation’s commercial interest in negotiations with the Smithfield Market Tenants Association. This was a valid reason to deny Mr Lawrence access to the report, and in addition to ask him to leave the meeting when the report in question is discussed.

At this point, Mr Lawrence left the meeting.

Joint report of the City Surveyor, the Major Programmes Director, the Chief Operating Officer, the Markets Director and the Chamberlain.