The Licensing Committee of Tower Hamlets Council met on Thursday 18 January 2024 to discuss licensing enforcement and received an update on nighttime economic visits. The committee noted a report detailing enforcement actions taken between April 2022 and November 2023, which included inspections, warning letters, and objections to licence applications.

Licensing Enforcement Update

Tom Lewis, Licensing Service Officer, presented a report on nighttime economic visits and licensing enforcement activities undertaken by the Environment Health and Trading Standards Service between 1 April 2022 and 30 November 2023. The report noted that there are approximately 1,303 licensed premises within the London Borough of Tower Hamlets. These premises range from bars and pubs to clubs, restaurants, off-licences, late-night takeaways, and cafes.

The late-night inspections are conducted where intelligence suggests non-compliance with the Licensing Act 2003, which governs the sale of alcohol, provision of late-night refreshment, and regulated entertainment. Inspections can cover premises operating without a licence, breaching licence conditions (including hours), failing to pay fees or levies, or undermining the licensing objectives. The enforcement actions taken are proportionate and can include warning letters, representations against licence applications, applications for licence reviews, and investigations for prosecution.

In the period 2022-23, 218 inspections were completed, resulting in 102 warning letters. For 2023-24, up to the end of November, 40 inspections were completed, with 65 warning letters issued. The report also highlighted that the licensing team objected to 50 out of 182 premises licence and variation applications in 2022-23, and 30 out of 137 such applications in 2023-24.

During the discussion, councillors raised concerns about a perceived reduction in the number of licensing visits. Mr. Lewis explained that this was primarily due to capacity issues within the team and a reduction in overtime availability for out-of-hours visits. The council has increased its use of Parkguard, an out-of-hours service, to compensate for these capacity constraints.

Concerns were also raised about the night-time economy in areas like Bo East Ward and the coordination of enforcement efforts with the neighbouring London Borough of Hackney. Mr. Lewis stated that while there is collaboration with Hackney on late-night levy police patrols, direct licensing liaison is less frequent, though there are London-wide licensing managers' forums.

The committee also discussed the status of Sexual Entertainment Venues (SEVs) and the challenges in managing their licensing. It was noted that there were three SEVs currently active, one with a refused new application subject to judicial review, and another, the NAGS Head, whose licence renewal was refused and is currently subject to an appeal at the magistrates' court. The committee also touched upon the common licensing objectives that lead to complaints, identifying crime and disorder, and prevention of public nuisance as the most frequent issues.

The report also addressed the issue of businesses operating without the necessary licences, particularly late-night refreshment premises. While the exact figures were not immediately available, it was confirmed that such cases are investigated, with a warning typically issued first to encourage compliance before formal action is considered. The process for test purchases was also discussed, with Mr. Lewis explaining that while they are a key method for gathering evidence, the database does not currently distinguish them from general visits. The cost of test purchases and the recovery of costs and fines were also elaborated upon by Jonathan Melnick, a legal officer, who explained that fines are determined by the courts and can be unlimited, with costs for investigation and prosecution also being sought.

The committee also discussed the proactive notification of new businesses regarding licensing requirements, particularly for late-night refreshment. While there isn't a specific system to alert all new businesses, the council's website provides information, and the food team is aware of opening hours. The council's policy is to warn businesses operating beyond the 11 pm threshold for late-night refreshment before pursuing formal action.

Finally, Councillor Gulam Kibria Choudhury, Chair of the Health & Adults Scrutiny Sub-Committee, mentioned an impressive report on local authority food standards and safety from the Local Government Association that he attended and suggested it could be beneficial for a future council meeting.