Agenda and minutes

The Chair will agree with Members the arrangements for management of the meeting, including the order of business, confirmation of Agenda items, including late reports and apologies for absence.

The Chair welcomed attendees to the meeting and set out the business of the meeting.

This is the time for Councillors to declare any interest they may have in any matter being considered at this meeting.  Advice is set out in Part 5.1 of the Constitution.

There were no declarations of interest.

Minutes of the meeting held on 31 January 2012 for confirmation and Chair’s signature (Enclosure).

The Minutes of the meeting held on 31 January 2012 were agreed as a correct record.

The following were present for this item:

Mr Shaheen Zar, Principal Officer (Health and Safety), outlined the application to Members, detailing the history of the premises that was the subject of the application and representations received by the Authority against the application. 

The Legal Advisor sought clarification about the opening hours that the premises would operate.  Mr Zar said that this was not specified within the application.

DC Paul Fawcett, on behalf of the Metropolitan Police, outlined the Police’s representations against the application, which focused on concerns around prevention of Crime and Disorder; the management not being fit to hold a licence; and the premises having been improperly conducted.  DC Fawcett said that the Police had received complaints, and gathered intelligence, which suggested the premises had been operating as a brothel.

The applicant, Mr Godrey Francis, and his legal representative, Mr John Blandford, arrived at the meeting at 6.15pm.

DC Fawcett reiterated his previous submissions, and detailed an incident on 19 May 2011 when the Police had visited the premises and encountered females who admitted to offering sexual services in exchange for money.  None of the females within the premises were able to supply formal massage qualifications.

DC Fawcett detailed a further incident on 17 February 2010, where the Police encountered six working females providing sexual services in exchange for money. 

DC Fawcett said that, in view of the incidents above, the premises owner has demonstrably failed to control the use of the premises.  DC Fawcett said that the Police held the view that the application, if granted, would lead to further illegal activity. 

Mr Blandford said that the Police had undertaken further visits to the premises following the incident on 19 May 2011, and asked DC Fawcett to confirm that the Police had considered the operations within the premises during those further visits to be "satisfactory".  DC Fawcett said that the Police had undertaken a visit in June 2011, where officers had encountered two working females offering sexual services.  Mr Blandford said that this was information had not been made available prior to Committee and was not included within the Police submission.

Mr Blandford asked DC Fawcett whether the Police had taken any further action against the applicant further to the issue of a warning letter.  DC Fawcett said that the applicant provided different names on the separate occasions that he was questioned and that, had the Police been aware that the applicant had already been cautioned, the applicant would have been subject to criminal proceedings.  Mr Blandford said that there were measures that the Police could have taken to verify the identity of the applicant and confirmed that  ...  view the full minutes text for item 4.

David Grant, Principal Officer (Licensing), introduced the report.

Around application fees, Members asked whether the size of stalls impacted on the fee payable.  Officers said that it was not possible to implement a new fee structure for temporary licences without lengthy and complex consultation.

Members asked whether the Council’s street scene enforcement department were satisfied with, and had capacity to enforce, the new licensing regime, once implemented.  The officer responded that the enforcement department were aware of the implications and were looking at targeting areas.

Decision

1.  The Licensing Committee approved the following documents (attached as Appendices A to E to the report) (subject to point 2 below):

‘Guidelines to Assist in the Determination of Applications….’ - Appendix A;

‘Rules Governing Applications for Temporary Street Trading Licences…’ - Appendix B;

‘Form A – Application for a Temporary Street Trading Licence’ - Appendix C;

‘Form B – Application for a Temporary Street Trading Licence’ - Appendix D;

‘Standard Licence Conditions’ - Appendix E.

2.  The Licensing Committee agreed the following:

(a)    That the level of Public Liability Insurance required of applicants should be set at £5m and agreed that Appendices B and E to the report be amended to reflect this.

(b)   That the Executive Director – Operations is delegated :

(i)   The power to grant all unopposed applications made under section 31 of the London Local Authorities Act 1990 save those in Cumulative Impact Zones under the Licensing Act 2003.{ Subject to the proviso that the Licensing Committee may at any time define an area or areas of the Borough and direct that all applications within that defined area or areas should be referred to the Licensing Committee for determination;

(ii)   The power to decide what notifications and consultation should be carried out under paragraph 1.1 of the ‘Rules Governing Applications…’ for all applications received (Appendix B);

(iii)  The power to revoke or suspend licences under paragraph  37 of Part A and paragraph 14 of Part B of the ‘Standard Licence Conditions …….’; (Appendix E )

(iv)  The power to set application forms, other forms and notices (e.g. the format of the licence, revocation notices, the application form etc) as may be necessary and from time to time amend such forms whenever necessary;

(v)    The power to make enquiries of, and request such documents from the applicant as they consider necessary for the assessment of an application.

(c)    That applications in areas that currently fall within the Cumulative Impact Zones under the Licensing Act 2003 within the Borough should be referred to the Committee for determination.  The Committee agreed that further discussions be held later in the year about whether applications in other areas should be reserved to the committee.

(d)   That the new licensing regime come into force on 12 April 2012.

David Grant, Principal Officer (Licensing), introduced the report.

Decision

1.  The Licensing Committee approved the following documents (attached as Appendices A to D to the report):

‘Guidelines To Assist In The Determination Of Applications For Permissions To Place Objects (Tables and Chairs) On The Highway’ - Appendix A;

‘Rules Governing Applications for Permissions for Objects (tables and chairs) on the Highway’ – Appendix B;

‘Standard Conditions for Permissions for Objects (Tables and Chairs) on the Highway’ – Appendix C;

‘Application for Permission to Place Objects (Tables and Chairs) on the Highway’ - Appendix D.

2.  The Licensing Committee agreed the following:

(a)    That the level of Public Liability Insurance required of applicants should be set at £5m and agreed that Appendices B and C to the report be amended to reflect this.

(b)   That the  Executive Director – Operations is delegated :

 (i)   The power to grant all unopposed applications for permissions

(ii)   The power to set fees for applications under section 115F of the Act;

(iii)   The power to withdraw permission under sections 17 and 18 of the ‘Standard Conditions’ (Appendix C );

(iv)  The power to set and amend forms and notices (e.g. the format of the licence, the application and renewal form etc) as and when necessary.

(v)  The power to make enquiries of, and ask for such documents, from the applicant as they consider necessary for the assessment of an application.

(c)  That the new permissions regime come into force on 12 April 2012.