The Licensing Committee of Tower Hamlets Council met on Thursday 17 December 2020 to discuss nighttime economy enforcement, community alcohol partnerships, and licensing prosecutions and appeals. The committee noted updates on these matters, with discussions focusing on enforcement activities, the impact of COVID-19 on businesses and licensing operations, and the outcomes of various legal cases.

Nighttime Economy Enforcement Update

The committee received an update on the activities undertaken by Environmental Health and Trade and Standards officers to manage the nighttime economy. Officers conduct inspections on Friday and Saturday nights to ensure licensed premises comply with licensing standards. Between April 2020 and October 2020, enforcement activities were significantly impacted by COVID-19, with a focus shifting to the enforcement of COVID regulations.

In the financial year 2019-20, 425 inspections were carried out, resulting in 35 warnings and eight successful prosecutions. The non-compliance rate for that period was approximately 9%. So far in 2021, 53 late-night inspections have been conducted, leading to eight warnings and six pending prosecutions. The report noted an increase in the non-compliance rate to 15% this year, which is attributed in part to businesses adapting to new COVID-19 regulations.

Councillor Peter Golds raised concerns about specific prosecutions, including Autumn Street Studios, Monsoon, and Redon at 289 Cambridge Heath Road. Mr. Tom Lewis, Team Leader Licensing and Safety, explained that Monsoon's case was dismissed due to difficulties in proving the touting was done by the license holder. For Autumn Street Studios and Redon, the issues related to temporary event notices, and the current license holders for both premises have changed, with a reduction in similar problems. Mr. Lewis also clarified that fines for licensing offences are determined by the courts and do not directly benefit the local authority, although costs awarded can contribute to legal services.

Councillor Kyrsten Perry inquired about the financial viability of the enforcement activities. Mr. Dave Vitale, Head of Environment and Trade and Standards, explained that fines go to central government, but costs awarded are recovered. License fees from the 1200 licensed premises fund the licensing team's activities, supplemented by funding from the Proceeds of Crime Act for other enforcement work.

The committee also discussed COVID-19 enforcement, with officers highlighting their efforts to support businesses while ensuring compliance. They noted the difficulty in balancing enforcement with the economic pressures on businesses. The gathering of people in public spaces is primarily a police matter, but licensed premises are expected to manage customers congregating outside their venues.

Touting, particularly in the Brick Lane area, was identified as a persistent issue. While efforts have been made to address it through formal and informal means, including covert operations and prosecutions, it remains a challenge. The focus has temporarily shifted to COVID-19 requirements, but plans are in place to revisit touting strategies with the town centre team.

Community Alcohol Partnership and Best Bar None Scheme

Mr. Tom Lewis also presented an update on the Community Alcohol Partnership (CAP) and the Best Bar None (BBN) schemes. These initiatives aim to reduce alcohol-related harm and crime across the borough.

The Best Bar None scheme is a national best practice initiative for on-trade premises, encouraging them to go beyond basic licensing compliance. To be eligible, premises must have a food hygiene rating of four or above. The scheme includes an annual award ceremony to recognise outstanding venues. In 2019-20, 53 venues applied for the BBN scheme, with 41 receiving national accreditation, an increase of 13% from the previous year. A notable achievement was the introduction of a low or no alcohol challenge, resulting in most BBN venues now offering such options, including non-alcoholic cocktails. The scheme also facilitates WAVE training on welfare and vulnerability, and a conflict awareness training workshop is planned.

The Community Alcohol Partnership scheme focuses on education, engagement, and enforcement to address alcohol-related issues. The current CAP scheme is concentrated in the northeast quarter of the borough, covering wards such as Bow East, Bow West, Bromley North, Bromley South, Mile End, and Lansbury. An example of CAP's work involved engaging with a cohort of young people in the Frognal and Lansbury estate, leading to de-escalated tensions and a more proactive relationship between the youth, residents, and the police. During the COVID-19 outbreak, CAP supported schools with resources for home study and provided web portal training for the off-licence trade to prevent underage sales.

Councillor Shah Ameen inquired about the uptake of training and the number of businesses participating in these initiatives. Mr. Lewis stated that approximately 60 premises participated in WAVE training last year, which includes pub watch members who often overlap with BBN members.

Councillor Shah Ameen also raised concerns about delivery drivers congregating outside restaurants and near the Brick Lane mosque, breaching COVID-19 restrictions. Mr. Lewis advised that while gatherings away from licensed premises are primarily a police matter, specific venues experiencing issues can be investigated if reported to the health and safety team.

Prosecutions and Appeals Update

Mr. Ladi Lapite, Principal Enforcement Lawyer, provided an update on prosecutions and appeals concluded during Quarters 3 and 4 of 2019-2020 and Quarters 1 and 2 of 2020-2021. The report indicated that the COVID-19 pandemic had a significant impact on court processes, leading to delays in hearings and a backlog of cases.

During Quarter 4 of 2019-2020, Mohammed Ahbab Hossain, trading as Food Giant Express, was prosecuted under Section 136 of the Licensing Act 2003 and fined £500 with costs awarded to the council. Monsoon was also prosecuted for breach of license conditions related to touting, but the case was dismissed with a cost order of £4,100 awarded to the defence. No licensing proceedings were completed in Quarters 1 and 2 of 2020-2021 due to the pandemic.

Regarding appeals, in Quarter 4 of 2019-2020, an appeal against the revocation of Tannin's license was dismissed, and the council was awarded costs. Sashanta Gupta, at 82-82A Commercial Street, also had their appeal against the refusal to vary their premises license dismissed, with the council awarded costs. No appeals were concluded in Quarters 1 and 2 of 2020-2021 due to pandemic-related court closures.

Councillor Peter Golds commended the subcommittee's work, particularly in the case of Sashanta Gupta, where the court upheld the council's decision regarding control orders, setting a precedent. Mr. Lapite acknowledged the legal representation's role in successfully defending the council's decisions.

The committee noted all the reports presented during the meeting.