Resolved:

1.         That the levels of fees and charges for Footway Licensing in Tower Hamlets as set out in Appendix 1 of the report (CAB 019/089), effective from 1^st September 2008, be approved, subject to a 28 day period of consultation with footway licensees following publication of a Notice of Variation of Charges to be issued by the Corporate Director, Communities, Localities and Culture;

2.         That the Corporate Director, Communities, Localities and Culture undertake further consultation with the Footway Licensees on the fees and charges set out in Appendix 1 of the report (CAB 019/089); and

3.         That the Corporate Director Communities, Localities and Culture be authorised to set the final level of fees and charges for footway licensing following the outcome of consultation.

Action by:

CORPORATE DIRECTOR COMMUNITIES, LOCALITIES & CULTURE

(S. HALSEY)

Service Head Environmental Control, Communities, Localities & Culture (B. Jones)

Head of Markets, Market Services, Communities, Localities & Culture

(D. Saunders)

Mr Halsey, Corporate Director Communities, Localities and Culture, at the request of the Chair, in introducing the report:

·                    Briefly summarised the salient points contained therein.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 29^th July 2008, in relation to the report; as set out in the tabled sheet of questions and comments presented on behalf of the Chair of the Overview and Scrutiny Committee earlier in the proceedings.

Councillor Ullah, Lead Member Cleaner, Safer, Greener, informed members of the Cabinet that Members had expressed concerns to him, and he had relayed these to the Corporate Director Communities, Localities and Culture, that Brick Lane was a popular tourist destination, the public footways there were built in a different era and not suitable for alfresco dining, and as a consequence in that specific area the public right of way on the footways should take precedence over the wishes of others who wanted to dine there.

The Chair commented that it was well known that Brick Lane was a national tourist attraction with a thriving business community and the activities there were to be celebrated.  However this exceptional success also brought with it large numbers of visitors and the existing footways did not have sufficient capacity to cope, resulting in the visitors walking on the highway putting themselves and others in danger. He therefore considered that this situation should not be exacerbated by the licensing of tables and chairs on the footways, and that Brick Lane should be treated as an exception from the proposed licensing regime.

Mr Saunders, Head of Markets, Communities, Localities and Culture, responded that a survey conducted by Officers of the Authority on foot, together with review of CCTV footage, had confirmed the concerns expressed by the Chair and Lead Member; consequently he gave an assurance that should the proposed licensing regime be agreed by the Cabinet it would not apply to Brick Lane.

Mr Halsey, Corporate Director Communities, Localities and Culture, and Mr Saunders, Head of Markets, Communities, Localities and Culture, at the request of the Chair, responded to requests for clarification/ assurance, in relation to a number or matters including:-

·                    Whether Licensed Street Traders would fall within the scope of the proposed licensing regime and consultation arrangements in this regard.

·                    Whether staffing levels were sufficient to ensure adequate enforcement of the proposed policy

·                    Potential measures to relocate commercial waste bins off the public footway.

The Chair Moved the recommendations as set out in the report and it was: -

Resolved:

1.         That the levels of fees and charges for Footway Licensing in Tower Hamlets as set out in Appendix 1 of the report (CAB 019/089), effective from 1^st September 2008, be approved, subject to a 28 day period of consultation with footway licensees following publication of a Notice of Variation of Charges to be issued by the Corporate Director, Communities, Localities and Culture;

2.         That the Corporate Director, Communities, Localities and Culture undertake further consultation with the Footway Licensees on the fees and charges set out in Appendix 1 of the report (CAB 019/089); and

3.         That the Corporate Director Communities, Localities and Culture be authorised to set the final level of fees and charges for footway licensing following the outcome of consultation.