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Agenda and minutes

Venue: Rooms 5, 6 & 7 - 17th Floor, Westminster City Hall, 64 Victoria Street, London, SW1E 6 QP. View directions

Contact: Jonathan Deacon  Email:  jdeacon@westminster.gov.uk Tel: 020 7641 2783

Items
No. Item

1.

Membership

Minutes:

1.1       Apologies for absence were received from Councillors Nick Evans, Jan Prendergast and Shamim Talukder.

 

 

2.

Declarations Of Interest

To receive any declarations by Members and Officers of any personal or prejudicial interests in matters on this agenda.

Minutes:

2.1       There were no declarations of interest.

3.

Minutes pdf icon PDF 227 KB

To approve the minutes of the meeting held on Wednesday 15 July 2015.

Minutes:

3.1       The minutes of the Licensing Committee meeting held on 15 July 2015were agreed as a correct record and were signed by the Chairman.

4.

Training for Members pdf icon PDF 174 KB

Report of the Head of Committee and Governance Services.

Minutes:

4.1      Jonathan Deacon, Senior Committee & Governance Officer, introduced the report.  He referred to the fact that a report had been considered by the Standards Committee in July 2015 on the topic of Member development.  One of the proposals put forward by the Committee was that refresher training should be provided for Members who sit on quasi-judicial bodies.  The Licensing Committee had previously received licensing training from David Matthias QC in July 2012.  It was proposed on this occasion that training would be provided to Members at the conclusion of the next meeting of the Committee scheduled for 9 March 2016 by experienced legal and policy advisers who attend the Sub-Committee meetings.  They currently offer training to all new Members of the Licensing Committee and Licensing Sub-Committee.  The cost of the training would be met from within existing resources.  Mr Deacon added that in the event that the Committee endorsed the proposals for refresher training to be provided, officers would be grateful for any Member feedback in terms of the topics covered.  The training programme would then be tailored accordingly. 

 

4.2      Councillor Tim Mitchell made the point that Members of the Sub-Committee did benefit from regular input from legal and policy advisers both prior to and during the meetings and were therefore likely to be well informed.  He was of the view that there was value in having a training session in March 2016, particularly taking into account the effect of the adoption by the Council of revised licensing and gambling policies.  Councillor Melvyn Caplan stated that refresher training was taking place for Members of the Planning Committees following the Standards Committee’s recommendations.  He recommended that an additional date to 9 March 2016 was also scheduled as it was likely that not every Member of the Committee would be able to attend the session then.  He also recommended that the licensing training sessions include matters which tend to arise at Sub-Committee meetings on a frequent basis.  The Chairman advised that officers contact Members of the Licensing Committee at least a month prior to the training session in March 2016 to enquire whether there were any specific topics that they would like to be covered there.  Mr Panto, Senior Assistant Solicitor, responded that Members were welcome to contact him or Mr Wroe, Licensing Policy & Strategy Manager, at any time prior to the meeting if there were any licensing matters that they would like clarification on.  Officers would give thought to identifying the licensing matters that do arise on a frequent basis and reflect those in the training session.     

 

4.3       RESOLVED: (i) That the proposals set out in the report relating to Member licensing training taking place on 9 March 2016 be endorsed and,

 

            (ii) That Members be contacted at least a month prior to the licensing training taking place to enquire whether there are any specific topics that they would like to be covered at the session.

           

 

5.

Licensing Fees Review 2016/2017 pdf icon PDF 88 KB

Report of the Operational Director for Premises Management.

 

 

Additional documents:

Minutes:

5.1       Mr Simpkin introduced the report.  It set out the proposed fees for those licensing regimes where the Council has the power to set its own fees for 2016/17.  Mr Simpkin advised that there had been some delays to undertaking licensing fees reviews whilst awaiting the outcome of, and taking into account the requirements of, the Hemming sex establishment licensing fees case.  There had now been a Supreme Court ruling which enabled the Council to recoup some of its enforcements costs specifically in relation to sex establishments. Mr Simpkin referred to the major restructure involving Public Protection and Licensing which had taken place earlier in the year.  The fees before the Committee had been calculated following a review of all the costs associated with the new structure and the changes to personnel.  The proposed fees were set to enable the Council to recover its reasonable costs in processing and determining applications and ensuring compliance with the appropriate legislation and the conditions of the licence. Mr Simpkin described the fee methodology which was calculated by assessing the time it takes for each step in the process from receipt of application to determination and also aspects such as the perceived cost for the compliance and enforcement function carried out by the City Inspectors.

 

5.2       Mr Simpkin took Members through the recommendations of the report.  The first was that the proposed fees in Appendix 1 of the report save for the lower risk massage and special treatment premises licence renewal fee be approved commencing 1 January 2016.  Mr Simpkin explained that the date of 1 January was being put forward because the majority of the fees had not been determined for over a year and it was therefore important that they were implemented as soon as possible.  The second recommendation was to introduce a surcharge for paying the licence fee by cheque.  There was now a move to promote online and telephone payments.  The submission of cheques incurred a cost to the Council.  This included the time it took for officers to process them and put the information on the system.  The third recommendation was for the Committee to approve one of the proposed options for the increase in the lower risk Special Treatment Premises Licence renewal fee as set out in the report.  Mr Simpkin made the point that it had been identified that the Council had not been recovering its costs relating to the special treatment regime for a number of years.  Due to the nature of the fact that the businesses were often smaller in nature and that the fee increase would be significant for 2016/17, four options were being put forward as to whether the full increase would be implemented in 2016/17 or over the course of two, three or four financial years.  If the Committee decided on option one the regime would be cost neutral in 2016/17.  Other options would mean cost neutrality would not be achieved until the year when the costs for 2016/17 are finally recovered.  ...  view the full minutes text for item 5.

6.

Update in Statement of Licensing Principles for Gambling Development pdf icon PDF 58 KB

Report of the Operational Director for Premises Management.

Minutes:

6.1       The Committee received a report with an update on the development of the Council’s Statement of Licensing Principles for Gambling under the provisions of the Gambling Act 2005.  Mr Simpkin stated that the Statement was renewed every three years and the current Statement would no longer be in force after 30 January 30 2016.  The Licensing Authority, in consultation with the Cabinet Member (and the Chairman of this meeting), was adopting a two staged approach to the preparation and publication of its new Statement of Principles.  This was in the light of the change in national policy and the issues that Westminster faced in relation to gambling.  The first stage document had been approved by Council on 11 November, would be published from 1 December for a period of four weeks and come into effect on 31 January 2016.  The Licensing Authority was currently involved in stage two of the process which would replace the Statement of Principles coming into effect on 31 January 2016.  This would be significantly revised and be far more specific and detailed about what is required from gambling premises in Westminster.  The revised Statement would focus particularly on local areas and issues.

 

6.2       The Chairman made the point that the local area profile would be beneficial to the local authority as well as the gambling operators.  It would be important that gambling premises are particularly well run in the higher risk areas that would potentially be established within the local area profile.

 

6.3       RESOLVED: That the contents of the report be noted.

 

7.

Licensing Appeals pdf icon PDF 260 KB

Report of the Litigation Appeals Manager – to follow.

Minutes:

7.1       Hayley Davies, Litigation Appeals Manager, advised Members that three appeals which had been listed in the Magistrates’ Court against the decisions of the Licensing Sub-Committee had recently been withdrawn.  These were Bow Street Hotel in Bow Street, The Signature Restaurant and Basement Bar in Bow Street and Betfred in Harrow Road.  Of the other appeals, the full hearing for Press in Panton Street was due to commence in January 2016.  The appeal was now being proceeded with on the basis that the decision of the Sub-Committee (which was to revoke the licence) was correct but that a new operator was now proposed who it was stated would run the premises in a competent manner.  Ms Davies also referred to the sex establishment licensing fees case that had been heard in the Supreme Court on 13 January 2015, informing Members that all the representations in writing to the European Court of Justice were unlikely to all be seen by the Council until the end of 2015.   

 

7.2       The Chairman thanked Ms Davies and legal advisers employed by the Council for their hard work in defending against the licensing appeals and also Members and officers involved with the Sub-Committee meetings for making carefully considered decisions which could be defended in the appeal courts.

 

7.3       RESOLVED: That the contents of the report be noted.

 

 

8.

Any Other Business which the Chairman considers urgent

Minutes:

8.1       The Chairman recommended that all Members of the Committee experience the stress areas, particularly the West End, on a Friday or Saturday night at least once a year in order to inform decision making at Sub-Committee meetings.  Members would be able to see the work of the City Inspectors and the operation of premises at first hand.  It was agreed that Members who wished to join the City Inspectors’ shift on a Friday or Saturday night should contact Andrew Ralph, Service Manager - Noise & Licensing. 

 

9.

Future Licensing Committee meeting dates

9 March 2016, 6 July 2016 and 30 November 2016.

Minutes:

9.1       It was noted that the next meetings of the Licensing Committee would be held on Wednesday 9 March 2016, Wednesday 6 July 2016 and Wednesday 30 November 2016.  All meetings are scheduled for 10.00am.