Agenda item

Report of the Director of Public Protection.

7.1      The item was introduced by Ms Acik.  She stated that the report had been produced with the assistance of Policy officers.  It was a response to the concerns regarding the impact on local residents from food and drink delivery services which was discussed at the meeting of the Committee in July 2017.

7.2      Ms Acik referred to the impact on the community of a restaurant in Westbourne Grove.  Significant action had been taken by the Council since the previous meeting of the Committee.  It had required considerable staff resources, with colleagues looking at the powers available from legislation such as the Anti-Social Behaviour, Crime and Policing Act 2014.  Eventually planning powers had been used with the premises being served a Planning Contravention Notice.  Ms Acik made the point that there were limitations in terms of the action which could be taken from a licensing point of view.  The report asked whether the Council should be considering a voluntary Licensing Charter type approach to encourage licensed premises to become more responsible when deliveries take place from their buildings.  

7.3      Councillor Floru wished to provide clarification in relation to paragraph 4.11 of the report.  He and Councillor Action were agreed that they had no objection to motorised vehicles being used provided they were environmentally friendly and less noisy vehicles, such as electric vehicles.  Other options included bicycles or deliveries on foot which created less emissions and noise nuisance.  Councillor Floru and Councillor Acton had noted, when seeking to add conditions to the premises licence for applicants to use environmentally friendly and less noise intrusive delivery methods, that applicants had said to them at Licensing Sub-Committee meetings that they were not in a great bargaining position to demand this from the delivery companies.  This was because the delivery companies are in many cases not directly employed by the applicants.  Councillor Acton had suggested, and Councillor Floru had agreed with the view, that all businesses in Westminster should be asked to use environmentally friendly and less noise intrusive delivery methods. Ms Acik responded that any action from a licensing point of view would have to focus on the licensing objectives and the prevention of public nuisance rather than focussing on whether the delivery companies’ methods were environmentally friendly or not. 

7.4       The Committee appreciated that there were limitations to what could be done purely from a licensing point of view as set out in the report.  It was necessary, as stated by Councillors Caplan and Freeman, to act within the powers permitted and to recognise, as stated by Councillors Gassanly and Talukder, that many of the delivery companies do not directly employ staff and that there was a benefit to those working on behalf of the delivery companies to carry out more deliveries via motorbike.  The Committee asked officers to bring a report to the next meeting which would investigate the potential for a cross departmental Council wide approach, in order to protect residential amenity. 

7.5       RESOLVED: That a report be brought to the next meeting of the Committee which would investigate the potential for a cross departmental Council wide approach in respect of deliveries, in order to protect residential amenity.