To consider, under the Budget and Policy Framework, the report of Cabinet on the review of the Licensing Act Cumulative Impact Assessment Policy 2021-24.

The Council considered the report of Cabinet setting out the Cumulative Impact Assessment Policy 2021-24 under the Budget and Policy Framework.

DECISION:

 (Action by: Ann Sutcliffe, Corporate Director, Place)

DECISION

1.    To consider the evidence and statutory consultation returns and retain both CIAs in Brick Lane and Bethnal Green.

2.    To consider and agree the reviewed CIA Policy Statement, which has been reviewed in light of the consultation. The Policy Statement can be found in Appendix One to the report, however Cabinet should note paragraph 9.10 of the Policy, which states:

“If there are no representations, the licensing authority must grant the application in terms that are consistent with the operating schedule submitted in line with their delegated authority.”

3.    That the proposed CIAs, as part of the Statement of Licensing Policy, will take effect from 18th November 2021 for three years unless, within that time, they are reviewed and the Council is of the opinion that they are no longer necessary.

4.    To support these recommendations to full Council for adoption.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Public Realm (D. Jones)

(Head of Licensing and Environmental Health (D. Tolley)

Reasons for Decision

The Council is statutorily required to review its CIAs every 3 years.

Alternative Options

Cabinet does have the option not to recommend the renewal of the CIAs. Cabinet further has the option of suggesting amendments to the scope of the CIAs. For the reasons set out in this report, neither option is recommended.

Councillor Asma Islam, Cabinet Member for Environment and Planning introduced the report which, further to the Council’s statutory responsibilities under the Licensing Act 2003, presented the results of a review of The Council’s two Cumulative Impact Assessments in Brick Lane and Bethnal Green. Councillor Islam explained how the results of the consultation had fed into the review and asked Cabinet to note that, as part of the Council’s Policy Framework, approval of the recommendations would be forwarded to full Council.

At the invitation of the Mayor, Philip Kolvin QC addressed the Cabinet. Mr Kolvin, who was representing UK Hospitality, made several points, including:

·         The proposed CIP is a barrier to investment and employment.

·         The required evidence base to demonstrate cumulative impact in the proposed areas does not exist. Many businesses have closed and many more will close due to the Covid pandemic. Other authorities have moved or suspended their cumulative impact policies for this reason. The Council should make a post COVID assessment and forecast.

·         The Council’s pre-pandemic data failed to demonstrate cumulative impact.  The critique of the Council’s data analysis in UK Hospitality’s submission had not been addressed. Evidence of complaints etc are insignificant and do not demonstrate cumulative impact. UK Hospitality suggests lifting and pausing the policies for an evaluation period.

·         The Council, police and residents already have sufficient safeguards to promote standards of licensed premises in the areas and revoke licenses of premises that fail to promote the licensing objectives. A CIP presents an additional, artificial barrier for the sector at a time it is struggling to recover from the pandemic.

·         There is a growing international body of literature on alternative methods of promoting a modern, sustainable, post-Covid night time economy. Proposals include no evidence that this alternative approach had been considered.

Councillor Peter Golds, Leader of the Conservative Group, indicated he supported the cumulative impact policies, which in the past had worked extremely well both for residents and businesses, to protect and promote the vibrant night-time economy in the affected areas.

The Mayor and Councillor Islam responded to the points made by Mr Kolvin. They indicated that they understood and had sympathy with the position the hospitality industry in this matter, but they felt that the assessment of public representations and of all evidence led them to support the proposals.

At the request of the Mayor, David Tolley, Head of Environmental Health and Trading Standards addressed the meeting and indicated that he felt the officer report reflected all the comments received.

The Mayor thanked Mr Kolvin and Councillor Golds for their contributions. He noted and welcomed the comments from Overview and Scrutiny Committee (circulated as an agenda supplement) which he felt were broadly supportive of the recommendations proposed in the report.  He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To consider the evidence and statutory consultation returns and retain both CIAs in Brick Lane and Bethnal Green.

2.    To consider and agree the reviewed CIA  ...  view the full minutes text for item 6