Agenda item

The Director of Markets and Consumer Protection to be heard.

The Committee received an oral update from the Director of Markets and Consumer Protection providing Members with an update on the current situation as a result of the Covid-19 pandemic and noted the Institute of Licensing’s Protocol for  licence applications and hearings under the Licensing Act 2003 during the Covid-19 pandemic.

Members were advised that the unprecedented pandemic had brought a number of questions and challenges for the City Corporation who have continued to act with pragmatism in line with Government, LGA and Institute of Licensing guidance. Key issues to particularly affect the City included annual fees, variations and support for local businesses.

Fees

There were calls from a number of areas including the GLA for Licensing Authorities to provide a reduction, suspension or holiday for licence application fees. This fee is mandatory under Section 55A of the Licensing Act and Licensing Authorities are required under the terms of the Act to suspend licences following non-payment of the annual fee. However, the date on which that suspension takes effect is discretionary and the City Corporation is allowing some flexibility and time to pay the fee without enforcement action. An advisory note to licensees is also being sent with the invoices.

Members were reminded that any change to this would require Government intervention which was a similar position for the Late Night Levy (LNL).

In terms of numbers for fee payments since lockdown began, Members were advised that:

-       March: 43 invoices were issued and 32 paid (73%) with no requests for deferral;

-       April: 54 invoices were issued and 24 paid (44%) with two requests for deferral;

-       May: 61 invoices were issued and18 paid (30%) with five requests for deferral.

This reflected a clear downward trend of businesses paying; however, it was highlighted that no reminders or suspension notices have been issued since 23 March 2020.

Variations

Discussions relating to the adaptation of licensed premises business models to provide takeaway have been ongoing. This would only be available to licenses that have on and off sales, although this could be possible for some cases with the inclusion of specifically controlled conditions. To date, only one business has applied for a time-limited variation to permit off-sales. There have also been a number of business inquiries who have been advised they may do so in accordance with social distancing regulations.

Supporting the Industry

It was acknowledged that the UK hospitality sector is a large contributor to the UK economy, providing a huge number of jobs in the industry and the wider supply chain. Whilst limited by the confines of the legislative framework, the City Corporation has continued to support the industry and has been working with the Night Tsar to identify ways that it can assist.

The City Corporation is supporting the Raise the Bar campaign alongside the GLA and others asking for Central Government to consider increasing the threshold for access of the £25k grant from £51k to £150k, as whilst many businesses in London fall within the higher rateable values they have been excluded from the Discretionary Fund. Support has also been offered to the NEXSTART Project, a coalition of experts working together on a comprehensive national strategy to exit lockdown and restart their businesses.

A Member enquired if a process had been developed allowing the City Corporation to hold licensing hearings if needed. It was confirmed that there was one hearing in the pipeline which was deferred under urgency procedures as described in the report of action taken report circulated to Members in the information pack. The Town Clerk confirmed that a process for hearings had been developed for Microsoft Teams but that there had been some pushback by Members who wished to use Zoom. It was agreed that hearings should not be delayed pending a new process and that the current developed process should be used. The Town Clerk agreed to follow up and confirm if this was possible. A Member noted that virtual meetings using Microsoft Teams had worked well with Open Spaces Committees which had a high number of external users.

The Deputy Chairman, whilst in agreeance that the LNL should not be abandoned, acknowledged that the Night Czar requested that premises should receive a 12-month holiday and as a point of principle found it unfair to expect premises that were forced to close down by the lockdown to pay these fees. He suggested lobbying Government to support legislation to rebait these premises. Officers confirmed that support was being given to these premises.