London Road Area LAT minutes (draft) 12th July 2016

London Road L.A.T.

Tuesday 12th July, 2016

Minutes

I. Welcome, introductions, apologies

In Attendance:

Philip Wells – Chair Minister Calvary church

Lindsay Debach- minute-taker, Calvary Church

Jesse Wilde -Equinox drug and alcohol team

Sandy Crowhurst- local resident, NLCA

Philip Taylor – Winchester Street resident

Penny Morley – local resident and Older Peoples Council

Francis Clark-Lowes – NLCA

Elspeth Broady –DRARA, Friends of Brighton Greenway

Lucy Walker – University of Sussex Housing

Jonathan Ridley – BHCC Community Safety work team

Corinne Lamb – Know my Neighbour Charity

Richard Barraball – local resident

Lucy Dunleavy – Vice Chair, local resident

Inspector Brian McCarthy- Brighton police

Chief Inspector Chris Veale– Brighton and Hove police

Kim Curran from North Lain Community Association (late arrival)

Andy Winter (late arrival)

(17)

Apologies:

Andy Keefe – UOS

Councillor Louisa Greenbaum

Councillor Lizzy Deane

Ann Townsend – Town Team

Roz Scott – journalist

Mike Hedgethorne & Tony Firmin (retrospectively)

Cath Prenton

II. Minutes of last meeting

  • Minutes were approved

It was agreed to keep the date of the next meeting as first Tuesday 6 th September, 2016. N.B.: No meeting in August.

Dates going forward: 6/9/16, 4/10/16, 15/11/16 (AGM t.b.c), 6/12/16

III. Policing and licensing:

1. Progress update regarding situation of homeless/begging in south end of London Road

  • Phil read his letter (sent to Katie Bourne) about homeless who have taken up residence out side Aldi and COOP

  • The letter stressed that while we care for those with mental health or substance problems, and also the situations affect the trading and atmosphere on London Road

  • Phil spoke with Aldi and COOP mangers before writing- they informed him of a meeting on 05.07.16 with representatives from St.Mungo’s, Police, and Pavilions which Phil had also attended on behalf of the LAT

Chris V. (Brighton Police)

  • Recently posted here from Hastings and still adjusting to how Brighton manages street community and homelessness

  • Feels there is a lot of partnership work happening with housing and mental health but work is lacking in an organised strategy for combating the problem

  • Trying to create a tactical tasking group to shape how all organisations work together, in spite of many differing priorities

  • Inspector Gareth Davis is putting together a group of managers who will oversee problem ‘hotspots’

  • This approach will use resources of all existing organisations and target the areas that need it the most

  • Plan includes practical measures like increasing signage around the city that discourages people from giving to begging community, and exploring tactical options to the fullest (rehabilitation, therapy) before putting people into custody (as this is very costly)

  • He is hoping that each organisation involved will learn from each other as they work together

  • Also trying to manage risks around trust and increase public confidence in the police

  • A major problem in stopping begging is the lack of power from a legislative standpoint: other than those overtly taking drugs, there isn’t anything police can do except move people on, which doesn’t change the behaviour

Jesse W.

  • It is long overdue to have a unified response from the council on begging that also covers the police

  • Suggest adding charity information to signs about begging, including which Charities have worked with begging community.

  • Has meeting on 13.07.16 with Alex MCFarlane, head of councils communications team that will cover begging to an extent

  • But as of now, there is no one in the Council yet who is commissioned to work with street beggars and coordinate a multi-organisation response

  • Hoping within the next 7 months, there will be a communication strategy amongst police and social organisations

  • Not about arresting people but about making life uncomfortable (move people on, makes people less likely to stay and more likely to speak to an outreach worker)

Jonathan R.

  • Extremely important to report incidents, this is how we can monitor them

  • If related to crime, phone the police, if street homeless then contact local authority

  • info feeding back from community is very important – very difficult to do anything without reports

Phil W.

  • Concerning COOP: Sarah from St. Mungos knew the person and felt she would be able to make an acceptable offer of accommodation

  • COOP have an opportunity to take out injunction but this is expensive, only deals with the named person(s), and the publicity aspect needs careful handling.

  • The situation has become an economic threat on London Road – hopefully this will be taken into account when doing risk assessment

Jonathan R.

  • For the council to do an injunction, the person would have to be causing anti-social behaviour

  • These incidents would need to be reported to create an evidential trail

Discussion concluded by noting that public awareness is crucial in solving the problem, including informing people what charity options street beggars have available so passers-by don’t feel as inclined to give.

2. Licensing application for off-sales by Presuming Ed :

  • There will be an upcoming meeting to discuss Presuming Ed’s Licensing

  • they wish to go beyond the “licensing matrix” and conduct “off-premises” sales plus extend alcohol sales hours beyond the matrix cut off point

  • [The final settlement was a considerable reduction on what was initially requested – see below]

  • Asking to be like a pub but be open later than a pub is allowed (11pm)

  • Phil has put in a representation to the effect that the LAT would want the terms of the matrix rigorously applied. Meeting accepted unanimously with one abstention.

  • Residents association from the Barrows has also gathered to make a case against this and would be represented at the meeting

Licensing Matrix:

-Restaurants can have alcohol until 2am

-take away you can have alcohol until midnight

-Pubs, until 11:0

-[addition – from updated version of matrix also mentions Cafe/bar N.B. London Road = Special stress area

Cumulative Impact Area

Special Stress Area

Marina

Other Areas

Café bar

Yes (11.30)

Yes (midnight)

Yes

Yes (midnight

Sandy C

  • Lizzy Dean has objected, hopefully she will be at the meeting

  • Any suggestion of being approved would set a precedent for other establishments; important to stick to the matrix

Action Point Phil to email police and see if they will have representation at the meeting


IV. Policing priorities:

1. Viaduct Road clean-up, and consultation for community bins plans.

Lucy W

  • About 100 bags of rubbish and recycling were taken away during Viaduct road clean up, including tv sets and furniture

  • Have plans to do other areas including Beaconsfield road

  • Should have done more publicity: needed to put more material through doors to inform people why it was being done and how local residents could maintain cleanliness

  • Looking forward to September when they’ll be doing housing talks- planning on adding this Also try to set up a volunteering scheme and encourage students to volunteer and get involved in the local community

Elspeth B

  • Cleaning can be taken up by local residence groups

  • Encouraged Lucy W. to get a template including: what they did, how they did it, and how it can be repeated.

  • It would be easy to lose momentum but we should try to build on this clean-up effort

Phil W

  • Cath P had attended clean-up, testified how good it was and what a difference it made

  • Sent an email to Damien at City Clean to thank him

  • Damien was very happy to have it take place and very appreciative of Lucy W and Sussex

  • Also still talking to Councillor Louisa about the consultation about communal bins

  • Voting papers will be going out in August, but some were concerned whether this timing would bring back very many votes

Action Point Phil to Email Damien to clarify how many have to vote in the area to make a difference on the communal bins

2. Report back on last HMO meeting 8th June

Sandy C.

  • Mike, Tony and Cath were there but none present tonight

  • This was about noise control with Noise Patrol Annie Sparks

  • Call the noise patrol on Friday and Saturday Evenings between 11 and 3am on 01273 293541

  • more resources in place now to deal with HMOs- two full-time senior investigators

  • a house of 7 or more is a change of use class

  • have had success with another house that now cannot be used as an HMO, another 2 are being worked on now

Action Point Phil to Post Minutes of this meeting within these minutes

3. Financial future 

  • we currently have a balance in hand

  • Calvary Church Trustees have currently offered free use of the premises for meetings

  • Though challenging, we need to arrange more publicity – fliers etc. as flyers give the LAT something to reference when people ask about events/ meetings

  • grants are available from various sources

4. Various updates and projects in and around London Road

  • DRARA – AGM was last Friday

Elspeth B

  • Very inspiring talk from the Mayor about the goodness of voluntary groups

  • Friends of Brighton Greenway Have a clear up day on Sunday the 17th– midday until 3pm. Meet behind CCK

Phil W

  • Communities of the Level Festival this Saturday (16.07.16) at the level, see LAT website

  • Barrows, Rosehill, and Francis street LAT are all concerned about Presuming Ed licensing situation

Action Point Phil to contact someone from Barrows to see if they will be at the residents association meeting


V. Close

Meeting closed approximately 8:10

————————————————————————————————-

appendices

1. FINAL Licensing conditions for Presuming Ed
2. HMO update via Cath
3. Update on Begging in London Road (please enquire – perhaps there are confidentiality issues about posting this information)
4. Level policing update

1. Licensing conditions for Presuming Ed

RE: Licensing Act 2003 – Licensing Panel Hearing Notification of the Determination of Panel.

Licensing panel hearing held on Wednesday 20th July 2016 in respect of the application for a premises licence in respect of premises known as Presuming Ed Coffee House, 114-115 London Road, Brighton, BN1 4JG

Having read the papers and listened very carefully to all the submissions and representations made at the hearing, the Panel also considered the Council’s Statement of Licensing Policy. The premises lies within the Special Stress Area (SSA) which is deemed an area of special concern in terms of the relatively high levels of crime and disorder and public nuisance experienced within it and many of the representations make reference to this. However, the Panel recognised the applicant’s willingness to take on board the concerns of the responsible authorities and residents and that they have amended their application accordingly so that it fell broadly in compliance with the licensing policy for this area. The panel therefore decided to grant this application with the exception of off-sales, subject to the conditions offered and those which have been agreed with the police. These conditions are set out below with amendments offered and agreed regarding festivals and the outside courtyard area.

The Panel considered the application for off-sales but on balance considered that the inclusion of off-sales could increase public nuisance in this vulnerable area with already high levels of alcohol related anti-social behaviour.

Conditions to be attached.

General

  • The sale of intoxicating liquor and other beverages shall be by waiter/waitress service for consumption by persons seated at tables and there will be no vertical drinking.

  • Substantial food shall be available at all times that alcohol is offered for sale on these premises.

  • During the 3 annual festivals listed below the hours for all licensable activity at the premises can be extended to 01:00 on Friday and Saturday where the Premises Licence Holder has notified Sussex Police and Licensing Authority in writing at least 7 days in advance:

    1. Brighton Fringe Festival – for the published duration of the festival

    2. Great Escape Festival – for the published duration of the festival

    3. Alternative Escape Festival – for the published duration of the festival

This festival extension of hours on Friday and Saturday is subject to the following additional conditions:

  • 2 SIA door staff to be employed at the premises from 23:00 hours until close.

  • There shall be a last entry time of 12 midnight.

  • A dedicated phone line shall be available to residents to call in the event of any concerns.

For the Prevention of Crime and Disorder:

  • Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.

  • The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

  • CCTV footage will be stored for a minimum of 31 days

  • The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

  • The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

  • Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.

  • Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

  • At all times the premises is open to the public, the management will contract the back up services of an approved mobile support unit (MSU) 24 hours a day, with a minimum of 2 SIA registered Door Supervisors operating from it. A copy of the MSU contract will be retained at the premises and made available for immediate inspection upon request by Sussex Police or Council Officials. The MSU will be accredited by the Brighton Business Crime Reduction Partnership (BCRP) or other similar organisation approved by Sussex Police should the BCRP not be in existence.

  • The premises will become a member of the BCRP or similar scheme approved by the Licensing Authority that operates with radios and uses the Nightsafe & Yellow Card Scheme or similar reporting scheme.

  • Customers will not be allowed to take drinks outside the front after 22:00 and all tables and chairs outside the front of the building must be packed away by 22:00.

  • Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.

Additional conditions as stated in original application or agreed with another Agency

For Public Safety:

  • An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week. The log book should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence. Any refusals made for alcohol service e.g. underage, will also be recorded in writing and feedback given to staff as relevant.

Additional conditions as stated in original application or agreed with another Agency

For the Prevention of Public Nuisance:

  • Notices shall be displayed both within the premises and in the enclosed yard asking customers to be quiet and respect the needs of the local residents.

  • The café sound system on the ground floor will be used for regulated entertainment. The speaker positions will be adjusted so as to prevent noise nuisance travelling towards neighbours.

  • Smoking will be allowed in the courtyard to be open until 21:00 when the courtyard will be closed. Smokers will then be able to stand without drinks and smoke at the front in the street.

  • Doors are to be kept closed at all times (other than for access and egress) and windows are to be kept closed at all times that regulated entertainment is in progress.

As stated in original application or agreed with Environmental Protection

For the Protection of Children from Harm:

  • The premises will operate a “Challenge 25” policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID or proof of age cards bearing the ‘PASS’ mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.

  • Signage advertising the ‘Challenge 25’ policy will be displayed in prominent locations in the premises.

  • The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:

*The lawful selling of age restricted products

*Refusing the sale of alcohol to a person who is drunk

Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 12 weeks, with the date and time of the verbal reinforcement/refresher training documented.

All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.

The minutes of the panel will be available as soon as practicable on the Council’s web-site under the rubric ‘Council and Democracy’.

2. HMO Forum Meeting – 8.6.16

Notes – Cath Prenton

Full list of attendees within Minutes as attached.

Guest speaker – Annie sparks from Environmental Health (EVH) who asked each of the attendees to make comments on noise as Noise Patrol was reinstated in April 2016.

The individual comments are contained within the minutes.

Key issues:

  • HMO house parties
  • Drunken behaviour in the street
  • Fighting and shouting on the way home
  • Not just Friday and Sat nights – Tues, Wed and Thurs are an issue too
  • Inappropriate use of buildings = poor sound insulation – example of conservatory used as main living space

Annie’s main points in response:

  • Not a set level of noise – It’s length and persistence

  • BHCC can give residents noise recording machines

  • Noise patrol – Fri & Sat 10-3am

  • Do residents want to vary the nights the patrol service operates?

  • Statutory evidence – noise abatement notice.

  • If it persists then it becomes criminal offence. Needs to be witnessed by police or council officer.

  • Noise outside noise patrol core hours – visit if it’s a set pattern.

  • Notes that the level of aggression has increased

Attendees commented as follows:

  1. That the Noise Patrol did not work late enough and that Friday and Saturday weren’t the only issues. Tuesday, Wednesday and Thursday were student party nights too
  1. HMO’s are expanding beyond an individual building’s capacity and that quite often there are more students living in the house than the letting agent (LA) landlord (LL) or Uni know about.

 

  1. End of term and exam dates relate directly to a peak in noise issues, as well as Fresher’s Week, Bonfire Night & Halloween

 

  1. The terms of the STA (Shorthold Tenancy Agreements) need to be enforced by the LA and LLs
  1. US commented that they get little support from LA or LL re noise issues.
  1. Brighton and Sussex Universities (BU & SU) attempting to improve communication between residents and students living in the community

 

  1. Uni s attempting to improve recycling and refuse issues by providing students with additional info on services and end of year clear outs

 

  1. Legislation required on ‘Party Houses’ – Airbnb becoming issue. Eg a 4 bed house in a residential street can be advertised to sleep 14!

 

  1. Current legislation on HMO licensing and Planning applications lack any joined up thinking

Attendee suggestions:

  1. Additional noise patrol provided by the Uni’s to supplement the Council provision
  1. Workshops to allow residents to meet with student – victim support style – this didn’t go down well with the Student officers who were keen to ‘protect’ the students
  1. Leaflets for residents to make it clear what residents can do in terms of contacting the Uni’s, LAs or EVH

 

  1. Additional information for residents to help them understand HMO legislation and how to use the HMO Register

 

  1. The issue of fly tipping and excessive rubbish needs to be enforced. Again back to the LL & LA not wanting to get involved. If the LL were fined they would pass it on to the vacated tenants and this would ultimately act a deterrent.

3. Update on Begging in London Road (please enquire – perhaps there are confidentiality issues about posting this information)

4. Level policing update – 28th July 2016

Op Bolero

Five males were arrested on the level for conspiring to supply Class B Drugs. This has occurred in the skate park area one of which is wanted on warrant in London for failing to appear. Class B and Class A Drugs were found at the scene and on some of the males. This has occurred at a time when children are on school holidays. Post arrest users of the skate Park have thanked police for the arrests commenting that it has been creating a bad atmosphere in the park.

One male is still in custody the others have all been bailed pending further enquiries.

Thanks