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

January 16, 2025 View on council website Watch video of meeting
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Summary

The Licensing Committee received a report detailing the number of enforcement visits made to licensed premises. The committee agreed to the mesensing of the minutes of two prior meetings.

Licensing Enforcement Update 2023-25

The committee considered a report on Night-Time Economy visits and Enforcement in the borough. In 2023-24, the Licensing Team carried out 48 inspections of licensed premises and issued 76 warning letters. There were also four formal enforcement investigations opened. In 2024-25 up to October, there were 91 inspections, 38 warning letters, and seven formal enforcement investigations.

Mr Lewis, the Service Manager for the Licensing Team, explained that the larger number of warning letters issued in 2023-24 is because different letters are sent to the license holder and the designated premises supervisor (DPS). Additionally, some on-site reports did not count as warning letters but still detailed breaches.

This is mainly due to duplication. When we send warning letters out to licensed premises, there is a difference because there's a difference between the licensed premises themselves, having a different address, often to the registered license holder, and also to the DPS. So you can be in a situation where you're sending out three letters to each premises.

Mr Lewis also said that businesses are no longer routinely employing solicitors to submit licence applications which is creating additional work for the team.

We haven't asked businesses because we don't really have the capacity to ask those businesses or to do that kind of analysis, unfortunately.

The meeting then considered issues raised by councillors:

Food Hygiene Ratings

A councillor noted that several Tower Hamlets restaurants had been awarded a food hygiene rating of zero or one.

One of the national newspapers that obviously FOI'd every local authority in the country to refer to dirty premises, when I saw it in their website, I thought, well, let's have a look at Tower Hamlets. And there are some pretty shocking stories of premises awarded nil or one for their standard of hygiene.

Ms Lewis, a Licensing Officer, explained that food hygiene is enforced separately under the Food Standards Agency's Food Law Code of Practice. Businesses are categorised A-E based on risk, with A being the highest. She confirmed that the council has a food enforcement plan, published on its website, and that all high-risk premises have been inspected. Lower-risk premises are currently being inspected.

Cumulative Breaches

Councillor Ahmed questioned the council's approach to recurring issues at licensed premises and asked how the council tackles systemic issues.

I want to play through just a bit more information around the compliance. So, each I issued a report on one step as it's done. Is that then noted in a wider system? Because there can be an occasion where you go to a food place, might have been dirty or whatever, but several times. But every time they've kind of cleaned up their acts or they've had a report on their day, but it's not required there to be a warning letter.

Mr Lewis stated that all visits by Licensing, Trading Standards, and Environmental Health Officers are recorded on a central database, and officers are instructed to review a premises' history. While there is no formal cumulative effect for breaches, the Licensing Team considers past breaches when deciding whether to take enforcement action or review a licence.

But if we look at just purely on licensing visits, in terms of the warnings, I think what you're asking, is there a cumulative effect? It would be in terms of us looking at it, in terms of how the frequency of inspections go.

Sale of Illegal Tobacco and Vapes

Councillor Ahmed raised concerns about illegal tobacco and vape sales, particularly to minors, and asked how the Licensing Team addresses these issues.

Thank you, Chair, just wanted to, a bit of clarification on something, import products like cigarettes and other things, as well as mocks, does this fall under the licensing when you do your visit and inspection, do you see under those products as well?

Mr Lewis responded that while the Trading Standards Team enforces laws related to tobacco and vapes, the Licensing Team can consider such violations when reviewing a license or objecting to an application. He added that the council is working closely with Trading Standards to conduct test purchases and address underage sales, noting a recent increase in enforcement activity.

Sale of Nitrous Oxide

Councillor Kahn enquired about the use and prosecution related to laughing gas following its reclassification as a Class C drug. Mr Lewis confirmed that enforcement now falls under the police. However, the Licensing Team would consider reviewing the license of any premises involved in the sale of nitrous oxide for inhalation. He clarified that he could not comment on the prevalence of its use.

We can't enforce, um, prosecutions to do with laughing gas, um, because now it's been made a class C drug. Um, it is now the police that need to enforce that.

Licensing of E-cigarette Retailers

A councillor sought clarification on the licensing process for e-cigarette shops in Tower Hamlets, noting their increasing prevalence. Mr Lewis clarified that e-cigarette retailers are not currently subject to a licensing regime.

E-cigarettes isn't, they're not licensed. There's, there's no licensing regime for them. There's no licensing regime for tobacco either. So it would only come to our attention if there were problems.

Mr Melnick, Legal Advisor to the Committe, added that there are discussions in Parliament about the possible introduction of licensing for tobacco retailers, which may eventually extend to e-cigarettes. However, at present, these matters primarily fall under Trading Standards' purview.