Agenda and minutes

Apologies were received from Alderman Sir David Wootton, James Tumbridge, Ian Seaton, Henry Jones and Oliver Sells (who joined the meeting remotely). 

Mr Gregory Lawrence advised that he has been granted a dispensation to speak on all matters concerning the London Central Markets (Smithfield) other than: (i) those in which he has a disclosable pecuniary interest as a shareholder or director of any company which holds a tenancy in the market; and (ii) those which would affect only him personally or his business interests as opposed to the generality of tenants within the market. NB. This dispensation will be in place until the next Common Council elections in March 2025.

To agree the public minutes and non-public summary of the meeting held on  18^th January 2023.

The public minutes and non-public summary of the meeting held on 18^th January be approved as a correct record.

Matters arising:

Members had received the Confidential Agenda pack for the Capital Buildings Board the previous day, which included a report on the Terms of Reference for the new Barking Reach Working Group.  The Chairman advised that Members would have an opportunity to discuss this further in the Confidential section of today’s meeting.

Officers agreed to clarify the position in respect of funding for the concrete canopy repair works to East Smithfield; i.e. - whether this would be funded as part of the enabling works, as agreed by the Capital Buildings Board in 2020.  

In respect of the Christmas Auction, the Chair asked if this could be followed up in good time for Christmas 2023.   Members asked for more detail on the costs involved and logistics.   The Director explained that he had raised this matter with the relevant Chief Officers, as the stopping up of highways and temporary event notices fall outside of the Board’s remit.

Report of the Town Clerk.

The Board considered a report of the Town Clerk in respect of the Annual Review of the Committee’s Terms of Reference, which enables any proposed changes to be considered in time for the annual re-appointment of Committees by the Court of Common Council.

1.         Members asked if the Chairs of the Market Tenants Associations could also appoint a Deputy, noting that they too would need to sign a Non-Disclosure Agreement, in order to receive non-public reports and attend the non-public parts of Board Meetings.

2.         During further discussion on the Terms of Reference, Members agreed that there should be reference to the Chairman and Deputy Chairman, or their representatives, being Co-optees on the Capital Buildings Board (CBB) and the new Barking Reach Working Group (BRWG).  

3.         Members also felt that the scheduling of Markets Board Meetings should be revisited, to enable meetings to take place as soon as possible after Capital Building Board and Barking Reach Working Group Meetings.  

4.         The Town Clerk reminded Members that the Policy and Resources Committee on 23rd March would be considering proposed Terms of Reference, ahead of the Annual Meeting of the Court of Common Council on 27th April 2023.  Members therefore agreed to delegate the final wording on the revised Terms of Reference to the Chairman and Deputy Chairman of the Markets Board.

RESOLVED, that :

1.    The Terms of Reference of the Markets Board be amended to permit the Chairs of the Market Tenants Association to appoint a Deputy to attend Markets Board Meetings, in addition to either themselves or their nominated representatives.   NB.  The Deputies would need to sign a Non-Disclosure Agreement, in order to receive non-public reports and attend the non-public part of Board Meetings.

2.    Reference be made to the Chairman and Deputy Chairman, or their nominated representatives,

To receive updates from the General Managers of Smithfield, New Spitalfields and Billingsgate Markets.

The Board received updates from the General Managers, particularly noting the following:

Smithfield

During the discussion on the refrigeration outage, the following points were noted:

Refrigeration is a fundamental part of the market’s trade and, given that it was out of use for a week, Members asked for feedback in terms of lessons learnt. It was fortunate in that the FSA did not have a presence that weekend, as they could have closed all the traders down.  Further concerns were expressed about the transition arrangements more generally, given that the Poultry Market would be being vacated in 4 months’ time.

The Markets Director responded as follows:

Members were asked to form a balanced opinion, given the age and condition of the refrigeration unit. The issue had arisen due to the positioning of a flow valve during the pipework replacement project, and this would be a key learning point if the pipework is to be replaced on the West Market. The General Manager had acted as quickly as possible to resolve the operational challenges.  Work is underway with the tenants to ensure that temporary refrigeration /storage is available in the event of a recurrence.

Following the implementation of the Target Operating Model (TOM), there had been strong upturn in performance, with further general managers in place in respect of admin, security and finance.

The Director and General Managers need specific examples of what constitutes a failure, with tangible examples.     The market holds 2-weekly operational meetings for raising such issues and transitional issues are considered separately.   The Chief Operating Officer (COO) invited any Members, with concerns about performance of an individual or team, to ask for a meeting in the first instance, noting that the Markets Board is not an appropriate forum for raising operational concerns.

There have been improvements in terms

Report of the Markets Director.

The Board received a report of the Markets Director, which provided Members with assurance that risk management procedures in place within the Markets Division are satisfactory and that they meet the requirements of the corporate Risk Management Framework.

Members noted that the risk had been amended to reflect the change to the Bill in that only two of the Markets would be moving.    If the Bill were to be unsuccessful, the revised MCP risk set out mitigations and next steps.  Members noted that the scoring had been constant as there had been no recent developments that might improve it.  The COO advised that the risk matrix scoring criteria is consistent across the City Corporation and offered to discuss this further outside of the meeting, should any Member have queries.

Members also noted that transport risks had been disaggregated following the accident at Smithfield, as it this would give each risk more accountability.

RESOLVED, that – the report be noted.

The Chair of the Smithfield Markets Tenants Association asked about the suspension of free parking over the Easter period.  The Chair (of SMTA) was concerned that this is the busiest time of the year and the tenants particularly need support this year.     The Director responded in that parking concessions are very much ‘business as usual’,  to be resolved by the General Manager.  However, if a concession is warranted, then the Tenants’ Association should present a business case, with data to support the request. Members noted that, historically, this had been a decision taken by the former Markets Committee but the Governance Review recommended that the Board  should be more strategic and not stray into operational matters.  

The Chair suggested that it might be helpful for the Board to receive a calendar of events, for which the Tenants Association are seeking parking concessions.  Members noted that Smithfield is different to the other Markets in that its car parking fund is ringfenced for uses that will benefit the Market’s tenants and customers.  The General Manager advised that the parking fee waiver would be approximately £600 per night and this would need to come from the local risk budget.   

Members noted that the Board’s Terms of Reference states :  ‘oversight of the management of all matters relating to Smithfield Market, Billingsgate Market and New Spitalfields Market and the letting of all premises therein’.   It was Proposed by Edward Lord, Seconded by Brian Mooney and RESOLVED, that –  the Markets Board receive a report, which will enable them to take a policy decision in respect of parking concessions, including a calendar of events setting out when such concessions might be warranted.

There were no urgent items.

At 1pm Members agreed to extend the meeting to 1.30 pm in order to complete the business on the agenda.

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 18^th January 2023.

RESOLVED, that - the non-public minutes of the meeting held on 18^th January 2023 be approved as a correct record.

To receive non-public updates from the General Managers.

The Board received a non-public update in respect of Billingsgate Market.

Report of the City Surveyor.

The Board considered and approved a report of the Markets Director.

Deputy Remembrancer to be heard.

The Deputy Remembrancer was heard,

There were no questions.

There were no urgent items.

To agree the confidential minutes of the meeting held on 18^th January 2023.

RESOLVED, that – the confidential minutes of the meeting held on 18^th January 2023 be approved as a correct record

Joint report of The City Surveyor & The Chief Operating Officer.

The Board considered and approved a report of the Markets Director

Chief Operating Officer to be heard.

The Chief Operating Officer was heard.

Chairman of the Capital Buildings Board to be heard.

The Chief Operating Officer was heard

Chairman to be heard.

The Chairman was heard.