Agenda and minutes

Licensing Committee - Wednesday 24th March, 2021 10.00 am

Venue: This will be a virtual meeting

Contact: Kisi Smith-Charlemagne, Senior Committee and Governance Officer  Email: Tel: 07817054613


No. Item



To report any changes to the membership


1.1      Heidi Titcombe, Legal Advisor to the Committee opened the meeting with the first order of business, for the appointment of a new Chairman.  The Committee appointed Councillor Matthew Green as Chairman and Councillor Jim Glen as the new Vice Chairman following nomination and approval.



To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.


2.1      There were no declarations of interest.


MINUTES pdf icon PDF 435 KB

To sign the minutes of the previous meeting held on Wednesday 25 November 2020.


3.1      RESOLVED: That the minutes of the Licensing Committee on 23rd September 2020 were approved.


Review of Licensing Fees following the implementation of further restrictions under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 pdf icon PDF 723 KB

A report from the Director of Public Protection and Licensing


4.1          The Licensing Committee received a report from the Interim Director of Public Protection and Licensing.   Mr Andrew Ralph, Head of Licensing, informed the Committee that this was the second report that had been brought to the Licensing Committee to consider in relation to fees resulting from the Covid-19 Pandemic.  He informed the Committee that the first report was considered by a Licensing Urgency Committee in June 2021.  


4.2          Mr Ralph advised the Committee that the report in front of them, sought approval to waive the fees for the Street Traders who had been legally unable to trade due to the various lockdowns and also to reduce Part B of the fee for a number of other licensing types as specified in the report.  He advised the Committee that Part B related to the monitoring and enforcement element of the licensing fees.  He confirmed that many of the  premises referred to in the report had been unable to operate legally as a result of the lockdown and had  resulted in a reduction in costs for the Council as less inspections had been carried out. 


4.3          Members of the Committee queried whether the costs for waving the fees would impact the Council's budget and if the Council would be reimbursed from central government under the Covid-19 regulations.  Mr Ralph advised the Committee that under the regulations and extraordinary measures the Council would be reimburse for up to 75% of the costs. The Chair commented on the fairness of the approach and hoped to see many traders take advantage and bring the city back to life in the very near future.



4.4          RESOLVED: Unanimously (14 Votes). Approved:


That the Licensing Authority can waive the full fees for non-essential market traders that were and are unable to trade during the COVID-19 restrictions in November 2020 and again in December 2020, January, February, March 2021 and up to April 2021.


That the Licensing Authority is authorised to reduce renewal fees and/or Part B fees, on a pro-rata basis, for businesses that are closed and not permitted to trade, whilst the COVID-19 restrictions are in place in November 2020 and again in December 2020, January, February and March 2021 for the licensing regimes specified in paragraph 3.3 of this report, where the Licensing Authority has the discretion to set the fees.


That the Licensing Authority be at liberty to waive fees for street traders of essential goods, should the government impose further restrictions restricting their trading.


Amendment to the Councils Licensing Act 2003 Model Conditions pdf icon PDF 384 KB

A report from the Director of Innovation and Change and Director of Public Protection and Licensing

Additional documents:



5.1          Mr Kerry Simpkin, Head of Licensing, Place and Investment addressed the Licensing Committee and advised the Committee the report before them related to a proposed revision to the  Council's pool of model conditions under the Licensing Act  He informed the Committee that the reason for the revision follows on from the adjustment and revision to the Statement of Licensing Policy that was completed last year.  Mr Simpkin advised the Committee that officers had undertaken a review of the current pool of model conditions and had put forward suggested amendments that related to the changes that were made to the Statement of Licensing Policy and specifically around restaurants conditions (66, 38 70 and 70A).


5.2          Mr Simpkin advised the Committee that the Metropolitan Police had put forward an adjustment to condition 1 which related to CCTV and had also put forward a number of other conditions which were detailed within the report. He advised that the Council's Environmental Health Service and the Licensing team had also commented and made some minor adjustments to existing model conditions relating to major events.  Mr Simpkin noted that the pool of model conditions was there as a supportive document that is available to applicants, residents and the Committee. 


5.3          Mr Simpkin advised the Committee that that the pool of model conditions are not standard conditions, as standing conditions are not permitted under the Licensing Act 2003.  Mr Simpkin informed the Committee that the proposal put forward was to amend the current pool of model conditions and to delegate the authority to make further revisions and changes as and when needed to the Director of Public Protection and Licensing.


5.4          The Chair thanked Mr Simpkin, his team, and officers across the Council for their work.  The Chair opened the discussion and queried the new Class E usage. the Chair sought confirmation that Planning colleagues had reviewed the model conditions through the premise of the new Class E usage.  Mr Simpkin confirmed that he had engaged specifically with Planning colleagues on this issue, however, currently there were no proposed conditions to address the issues that may arise as a result of the change of use class. 


5.5          Mr Simpkin advised the Committee that his team would continue to monitor the situation, and this was the rationale behind delegating the authority to amend the pool of model condition to the Director of Public Protection and Licensing. He stated that this enabled changes to be made to the model conditions as and when necessary, particularly around use classes.  The Chair welcomed the flexibly at the early stage of the implementation, he noted that members can add their own conditions and did not always need to follow the model conditions.


5.6          Members requested that any changes made by delegated authority should be made in consultation with the Chairman of the Licensing Sub-Committee.  Members also raised issues with regard to the Police agreeing conditions prior to licensing committee hearings. Members felt constricted when the Police agreed conditions in advance of  ...  view the full minutes text for item 12.


Licensing Appeals Update pdf icon PDF 302 KB

A report from the Bi-Borough Director of Law


6.1           Ms Heidi Titcombe, Legal Advisor introduced the report and advised the Committee that this was a report to note which detailed the appeals that the Council have dealt with in the last year.  Ms Titcombe informed the Committee that she was pleased to report there had only been two new appeals.  She advised the Committee that the appeal referred to in paragraph three, related to 100 Wardour Street on the ground floor, where noise had been escaping into adjoining premises.  She noted that one of the residents was not happy with the outcome of the review and attempted to appeal the decision, but quickly withdrew.  Ms Titcombe advised the Committee that the Council were able to recover costs in December. 


6.2           Ms Titcombe advised the Committee that the outstanding appeal related to Scotch, a premises in Mason’s yard.  She informed the Committee that we are waiting for the summons to be issued, as there have been delays with the magistrates courts during the Covid-19 pandemic.  Ms Titcombe advised the Committee that the Council was also waiting for a case management hearing in relation to this matter and members would be updated further as the case progresses. 


6.3           Ms Titcombe advised the Committee that the only other matter was Hemmings, she stated that members, would recall that the Council have sent papers to the Administrative Court of the High Court, who are only dealing with priority cases during the lockdown.   No directions have been given at the present time.


6.4           The Chair thanked Ms Titcombe for an excellent record and believed that this was testament to her and her fellow solicitors, for the excellent advice given to Committee members.  The Chair also thanked the Committee members for their sound judgment and the balanced way they adjudicate applications.


6.5           RESOLVED: That the report be noted for information.