The Committee is asked to:

1.    Consider the evidence and statutory consultation returns and retain both CIAs in Brick Lane and Benthal Green; and

2.    Consider and agree the reviewed CIA Policy Statement, which has been reviewed in light of the consultation. 

The Committee received a report regarding the Councils Cumulative Impact Assessment (CIA) Policy for 2021 – 2024.

The Committee noted that the Council (i) as a Licensing Authority must review its Cumulative Impact Policies every 3 years; (ii) has two Cumulative Impact Policies or Cumulative Impact Assessments (CIA) as they are now referred to in the legislation and government guidance; (iii) introduced the first CIA in Brick Lane which has been in place for approximately 7 years and the second one, which is in Bethnal Green, has been in place for 3 years.The main points of the discussion and questions arising may be summarised as follows.

The Committee:

v  Observed that the Cumulative Impact Assessment forms part of the Council’s Statement of Licensing Policy and therefore if CIAs are adopted, then the Statement of Licensing Policy needs to reflect this change. As part of the review of these CIAs a statutory consultation process took place between the 28th of January and 22nd April 2021. If accepted, the reviewed CIAs, which form part of the Statement of Licensing Policy, will go to full Council for adoption.

v  Understood that the concept of Cumulative Impact has been included within Section 182 Licensing Guidance issued by the Home Office since the implementation of the Licensing Act 2003. The Act regulates the sale of alcohol, late night refreshment and the provision of entertainment. Section 5 of the Act requires licensing authorities to publish a Statement of Licensing Policy every five years (amended by the Police Reform and Social Responsibility Act).

v  Commented that a Borough Wide Policy would help to address if there are hotspots of anti-social behaviour or crimee.g. many residents indicate that antisocial behaviour is they feel linked to the use of nitrous oxide or some licensed premises is a significant concern. In response it was noted that before acting LBTH would have to ensure that there is adequate evidence from partner agencies that there is a high concentrations of issues and at present these are addressed through the existing CIAs in Brick Lane and Bethnal Green.

v  Requested that they receive details on the mechanisms that the resident’s and councillors can bring premises in front on a licensing committee.

v  Noted that with regards to individual premises or individual locations LBTH have other powers that that could be used in regards licensed premises and the predominant power is about reviewing a licence where local residents or ward Councillors can bring a licensed premise in front of the Licensing Committee for review of that licence which could result in that licence being revoked or further conditions being put on that licence.

v  Noted that LBTH has looked at the data used to address issues in relation to licensed premises and were very confident that the data especially that from the Metropolitan Police Service (MPS) and in relation noise nuisance provided from the LBTH own service. However, that the data is one element the other element of the information being outlined in Appendix Four of the report which provides a summary of the online consultation survey comments. In addition, residents are constantly raising issues around ASB, noise, and crime in those areas.

v  Noted built in potential exemptions for those premises (i) that have 50 or less covers or persons in an establishment at any one time; and (ii) where off sales are provided with a food.

v  Noted that LBTH are also have provision for the exemption of smaller premises outside the scope of the Cumulative Impact Area (e.g. seated venues with less than 50 people).

In conclusion the Chair thanked David Tolley (Head of Environmental Health and Trading Standards) for a clear and precise presentation. The Chair also commented that as he sits on the licensing committee and he has (i) seen a number of licences under review from the Cumulative Impact Area; and (ii) seen those measures inaction where reviews are taking place due to alleged breaches of the policy.

As a result of discussions on the report Committee:

1. Notedthe recent consultation and that the report that will be put to Cabinet with the recommendations as detailed in the report.
2. Indicated that when the Policy is considered by Full Council it would be very helpful to have details on the mechanisms that the resident’s and councillors can use to bring premises in front on a licensing committee.
3. Stated that the evidence does show that there is a need for the CIAs in Brick Lane and Bethnal Green although the area does not at this time need to be expanded.
4. Welcomed the flexibility in the policy to address issues as they arise for it to be looked at and if other areas should be included in the CIA