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Licensing Committee - Thursday, 16th January, 2025 6.30 p.m.

January 23, 2025 View on council website Watch video of meeting
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Summary

The Licensing Committee received a report on the outcomes of late-night inspections and enforcement visits to licensed premises. The committee noted the report and no decisions were made.

Night-Time Economy Inspections

The committee received a report on the late-night inspections and enforcement visits that the council has undertaken in connection with licensed premises between April 2023 and October 2024. The report was presented by Tom Lewis, the service manager for regulatory services.

The report explained that in the 2023-24 financial year 48 inspections of licensed premises were carried out, and in the 2024-25 financial year up to the end of October, 91 inspections had taken place. The committee heard that there is an ongoing programme of inspections of licensed premises in the borough, and that enforcement action is taken where breaches of licence are found.

Clearly, I'm still in 2024.

During a discussion of the report, the committee heard that officers believe the number of applications that have not been made using a solicitor or licensing agent has increased, and that this is putting pressure on the team.

since the end of 2021 where restrictions associated with the pandemic were lifted, more applicants seem to not be using licensing agents/solicitors to advise them on applications. This has caused additional work for the team either via chasing applicants for additional information, receiving an increase in enquiries about completing applications, and finally making objections to applications. It would appear that the reason for not using licensing agents or solicitors could be linked to the cost-of-living crisis

The committee heard that the team is smaller than it has been in the past, and that the council's overtime rate for officers undertaking out-of-hours work has not increased since 2018.

As can be seen from the number of inspections carried out in 2023/24 and 2024/25 (October 2024) are lower than 2022/23, and previous years prior to the pandemic. ... since the end of 2021 ... more applicants seem to not be using licensing agents/solicitors to advise them on applications. ... Further to this, officer overtime payments have not changed in monetary value since 2018.

The committee discussed whether there should be more inspections of premises in the Bow East and Spitalfields and Banglatown wards, where more warning letters were sent than in other wards.

So, I want to illustrate that for two points. First, in terms of do you have enough of the capacity that you need within a team to be able to effectively execute some of this work? Because I know in appendix one and two. Because I know in appendix one and two, it lists the letters and the visits. And obviously, there's two areas in particular, Bow East and Spittersfield and Banglatan that kind of keep coming up in the financial year, 23-24 and 24-25.

The committee heard that the council has limited powers to act on the sale of illegal vapes and tobacco, and the sale of nitrous oxide for inhalation. These matters are primarily enforced by the Trading Standards Team and the police.

Yes and no, I suppose. I mean, it depends, if it's a licensed premises, and they are doing breaches of one, so if they're breaching tobacco regulations, or certainly if they're doing NOx, which is now a class C drug, we can't take prosecution on NOx, we do do stuff on tobacco.

The committee heard that when the police and Trading Standards teams find breaches of the relevant legislation in licensed premises, the Licensing Authority might review the licence of those premises.

However, however, however, it's similar to what I mentioned just a moment ago, we would probably look at that, if it was serious enough, that we'd look at it possibly to think about whether or not we want to review their licence. It wouldn't be prosecution, it wouldn't be prosecution, it wouldn't be prosecution, but it wouldn't be prosecution, but it would be something we consider a review on, or if there's an outstanding application in, then do we want to object that application? Because if they're breaching tobacco legislation, if they're selling NOx as a class C drug, then you go into a position really where are they going to see the licence and objectives? Are they going to uphold them? Probably not.