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Agenda item

ENFORCEMENT UPDATE (20.04)

To receive an enforcement update

Minutes:

The Committee was provided with the following update from the Commercial Team Leader Public Health:

 

Covid updates:  Licensing committee

 

Given the unprecedented situation over the last 12 months, I wanted to give you some updates on the Covid work we have been undertaking, particularly in relation to licensed premises.

 

As you are aware the Covid restrictions have placed a great burden on these businesses. After January’s lockdown at the start of the year, we received a large number of requests from licensees, both for advice about how they should be operating their businesses in a safe and legal way, and for support at a time where normal operations were disrupted and the viability of some businesses was tested.

 

In Public health we have been there to support these businesses through this difficult time, ensuring open and honest engagement about the challenges they faced, offering help and advice and also dealing with complaints where businesses were not implementing the measures expected of them or were simply failing to adhere to the legislation. We were also mindful to be open and honest about the challenges we faced. We were as flexible as possible in supporting local businesses and the local economy whist still remaining mindful of the requirements and objectives of relevant coronavirus legislation.

 

Working within the context of increased workloads and at time reduced staff levels has been challenging and it has been necessary to prioritise requests, applications and hearings that are business critical.

 

The Government implemented a range of measures to provide financial support to businesses, but these more generic schemes did not relate to specific fees and charges payable by businesses. In terms of license fees we have been working hard to ensure we cover the costs of issuing and administering licences and the work this involves.

 

Throughout the last 12 months we have been working very closely with the police and as ever our working relationship is extremely supportive and connected. We undertook many out of hours spot checks, which was able to provide us with information pertaining to Covid security breaches and general compliance with license conditions.

 

The findings of these visits gave us a lot of confidence that the majority were adhering to the guidance and legislation which was really positive. We did however have to take some action against premises for non-compliance. In total we issued 3 fixed penalty notices and 1 prohibition notice to licensed premises. Interestingly all of the FPN’s were issued towards the end of the restrictions in June of this year, when I think Covid fatigue set in and business owners were becoming a bit complacent.

 

The payment for 2 fixed penalty notices have been settled, however we are looking into potentially pursuing payment of the 3rd FPN through the courts with the help of our legal team.

 

We also played a big part in the extension of special pavement licenses throughout Covid to enable more licensed premises to continue to operate safely.  The increased use of outside spaces prompted premises to apply where outside pavements areas could be used.

 

I would just like to say the Covid work we have been doing has been a great success in terms of maintaining public confidence in council monitoring and the provision of support to aid businesses through the pandemic. We also played a big part in enabling the local economy to continue to operate in between lockdowns without excess transmission. We have in total delivered advice and support to over 250 businesses, have reviewed well over 50 risk assessments and have thanks to grant funding for a covid marashall, we have inspected many more businesses and continue to promote good practice.

 

·         Due to Covid the nature of our inspections had to change through necessity. Premises were inspected primarily for Covid safety and compliance related purposes and as a result standard licensing checks carried out were more basic than normal.

·         No enforcement

·         No hearings

·         Partnership working was carried out in respect of Covid.

·         With Covid ongoing and redeployment of some resources within the team then standard inspections are more limited but we are hoping that this will change soon into the New Year.